Code of Colorado Regulations
1000 - Department of Public Health and Environment
1007 - Hazardous Materials and Waste Management Division
6 CCR 1007-3 - HAZARDOUS WASTE
Part 273 - HAZARDOUS WASTE - STANDARDS FOR UNIVERSAL WASTE MANAGEMENT
Subpart A - General
Section 6 CCR 1007-3-273.2 - Applicability
Universal Citation: 1000 CO Code Regs 6 CCR 1007-3-273.2
Current through Register Vol. 47, No. 17, September 10, 2024
(a) Applicability - batteries.
(1)
Batteries covered under Part 273.
(i) The requirements of this part apply to
persons managing batteries, as described in § 273.9 of this part, except
those listed in paragraph (a)(2) of this section.
(ii) Spent lead-acid batteries which are not
managed under Part 267, Subpart G, are subject to management under this
part.
(2) Batteries not
covered under Part 273.
The requirements of this part do not apply to persons managing the following batteries:
(i)
Spent lead-acid batteries that are managed under Part 267, Subpart G.
(ii) Batteries, as described in § 273.9
of this part, that are not yet wastes under Part 261 of these regulations,
including those that do not meet the criteria for waste generation in paragraph
(a)(3) of this section.
(iii)
Batteries, as described in § 273.9 of this part, that are not hazardous
waste. A battery is a hazardous waste if it exhibits one or more of the
characteristics identified in Part 261, Subpart C of these regulations.
(3)
Generation of
waste batteries.
(i) A used battery
becomes a waste on the date it is discarded (e.g., when sent for
reclamation).
(ii) An unused
battery becomes a waste on the date the handler decides to discard
it.
(b) Applicability - pesticides.
(1)
Pesticides covered under Part 273. The requirements of this Part
apply to persons managing pesticides, as described in § 273.9 of this
Part, meeting the following conditions, except those listed in paragraph (b)(2)
of this section:
(i) Recalled pesticides that
are:
(A) Stocks of a suspended and canceled
pesticide that are part of a voluntary or mandatory recall under Section 19(b)
of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), including,
but not limited to those owned by the registrant responsible for conducting the
recall; or
(B) Stocks of a
suspended or cancelled pesticide, or a pesticide that is not in compliance with
FIFRA, that are part of a voluntary recall by the registrant.
(ii) Stocks of other unused
pesticide products that are collected and managed as part of a waste pesticide
collection program.
(2)
Pesticides not covered under Part 273.
The requirements of this part do not apply to persons managing the following pesticides:
(i)
Recalled pesticides described in paragraph (b)(1)(i) of this section, and
unused pesticide products described in paragraph (b)(1)(ii) of this section,
that are managed by farmers in compliance with § 262.70. § 262.70
addresses pesticides disposed of on the farmer's own farm in a manner
consistent with the disposal instructions on the pesticide label, providing the
container is triple rinsed in accordance with § 26l.7(b)(3));
(ii) Pesticides not meeting the conditions
set forth in paragraph (b)(1) of this section.
These pesticides must be managed in compliance with the hazardous waste regulations in Parts 260 through 268, and Parts 99 and 100 of these regulations except that aerosol cans as defined in § 273.9 that contain pesticides may be managed as aerosol can universal waste under § 273.13(d) or § 273.33(d));
(iii) Pesticides that are not wastes under
Part 261 of these regulations, including those that do not meet the criteria
for waste generation in paragraph (b)(3) of this section or those that are not
wastes as described in paragraph (b)(4) of this section; and
(iv) Pesticides that are not hazardous waste.
A pesticide is a hazardous waste if it is listed in Part 261, Subpart D or if
it exhibits one or more of the characteristics identified in Part 261. Subpart
C.
(3)
When a
pesticide becomes a waste.
(i) A
recalled pesticide described in paragraph (b)(1)(i) of this section becomes a
waste on the first date on which both of the following conditions apply:
(A) The generator of the recalled pesticide
agrees to participate in the recall; and
(B) The person conducting the recall decides
to discard (e.g., burn the pesticide for energy recovery).
(ii) An unused pesticide product described in
paragraph (b)(1)(ii) of this section becomes a waste on the date the generator
decides to discard it.
(4)
Pesticides that are not
wastes. The following pesticides are not wastes:
(i) Recalled pesticides described in
paragraph (b)(1)(i) of this section, provided that the person conducting the
recall:
(A) has not made a decision to discard
(e.g., burn for energy recovery) the pesticide. Until such a decision is made,
the pesticide does not meet the definition of "solid waste" under § 261.2;
thus the pesticide is not a hazardous waste and is not subject to hazardous
waste requirements, including Part 273 of these regulations. This pesticide
remains subject to the requirements of FIFRA; or
(B) has made a decision to use a management
option that, under § 261.2, does not cause the pesticide to be a solid
waste (i.e., the selected option is use (other than use constituting disposal)
or reuse (other than burning for energy recovery), or reclamation). Such a
pesticide is not a solid waste and therefore is not a hazardous waste, and is
not subject to the hazardous waste requirements including Part 273 of these
regulations. This pesticide, including a recalled pesticide that is exported to
a foreign destination for use or reuse, remains subject to the requirements of
FIFRA.
(ii) Unused
pesticide products described in paragraph (b)(1)(ii) of this section, if the
generator of the unused pesticide product has not decided to discard (e.g.,
burn for energy recovery) them. These pesticides remain subject to the
requirements of FIFRA.
(c) Applicability - mercury-containing devices.
(1)
Mercury-containing
devices covered under Part 273. The requirements of this part apply to
persons managing mercury-containing devices, as described in § 273.9 of
this part, except those listed in paragraph (c)(2) of this section.
(2)
Mercury-containing devices not
covered under Part 273. The requirements of this part do not apply to
persons managing the following mercury-containing devices:
(i) Mercury-containing devices that are not
yet wastes under Part 261 of these regulations. Paragraph (c)(3) of this
section describes when mercury-containing devices become wastes.
(ii) Mercury-containing devices that are not
hazardous waste. A mercury-containing device is a hazardous waste if it
exhibits one or more of the characteristics identified in Part 261, Subpart
C.
(iii) Mercury-containing devices
containing greater than 5 kilograms (about 11 pounds) of elemental mercury per
device.
(iv) Equipment and devices
from which the mercury-containing components have been removed.
(3)
Generation of waste
mercury-containing devices.
(i) A used
mercury-containing device becomes a waste on the date it is discarded (e.g.,
sent for reclamation).
(ii) An
unused mercury-containing device becomes a waste on the date the handler
decides to discard it.
(d) Applicability - Aerosol cans.
(1) Aerosol cans covered under
Part 273. The requirements of this part apply to persons managing aerosol cans
as described in § 273.9 of this part, except those listed in paragraph
(d)(2) of this section.
(2) Aerosol
cans not covered under Part 273. The requirements of this part do not apply to
persons managing the following aerosol cans:
(i) Aerosol cans, as described in §
273.9, that are not yet wastes under Part 261 of these regulations, including
those that do not meet the criteria for waste generation in paragraph (d)(3) of
this section.
(ii) Aerosol cans, as
described in § 273.9, that are not hazardous waste. An aerosol can must be
managed as a hazardous waste if its contents exhibit one or more of the
characteristics identified in Part 261, Subpart C of these regulations, or if
its contents are listed in Part 261, Subpart D of these regulations.
(iii) Aerosol cans that meet the standard for
empty containers under § 261.7 of these regulations.
(3) Generation of waste aerosol cans.
(i) A used aerosol can becomes a waste on the
date it is discarded or is no longer useable. For purposes of these
regulations, an aerosol can is considered to be no longer useable when: the can
is as empty as proper work practices allow; the spray mechanism no longer
operates as designed; the propellant is spent; or the product is no longer
used.
(ii) An unused aerosol can
becomes a waste on the date the handler decides to discard it.
(e) Applicability - Lamps.
(1) Lamps covered under this
Part 273. The requirements of this Part apply to persons managing lamps as
described in § 273.9, except those listed in paragraph (e)(2) of this
section.
(2) Lamps not covered
under this Part 273. The requirements of this Part do not apply to persons
managing the following lamps:
(i) Lamps that
are not yet wastes under Part 261 of these regulations as provided in paragraph
(e)(3) of this section.
(ii) Lamps
that are not hazardous waste. A lamp is a hazardous waste if it exhibits one or
more of the characteristics identified in Part 261, Subpart C of these
regulations.
(3)
Generation of waste lamps.
(i) A used lamp
becomes a waste on the date it is discarded.
(ii) An unused lamp becomes a waste on the
date the handler decides to discard it.
(f) Applicability - Electronic devices and electronic components.
(1)
Electronic devices and electronic components covered under Part 273. The
requirements of this part apply to persons managing electronic devices and
electronic components, as described in § 273.9 of this part, except those
listed in paragraph (f)(2) of this section.
(2) Electronic devices and electronic
components not covered under Part 273. The requirements of this part do not
apply to persons managing the following electronic devices or electronic
components:
(i) Electronic devices and
electronic components that are not yet wastes under Part 261 of these
regulations. Paragraph (f)(3) of this section describes when electronic devices
and electronic components become wastes.
(ii) Electronic devices and electronic
components that are not hazardous waste. An electronic device or electronic
component is a hazardous waste if it exhibits one or more of the
characteristics identified in Part 261, Subpart C.
(3) Generation of waste electronic devices
and electronic components.
(i) A used
electronic device destined for disposal becomes a waste on the date it is
discarded.
(ii) A used electronic
device destined for recycling becomes a waste on the date the recycler
determines that the device cannot be resold, donated, repaired, or refurbished,
or determines that he/she cannot directly reuse or sell useable parts from the
device.
(iii) An electronic
component becomes a waste on the date the recycler determines that the
component cannot be resold, donated, repaired, or refurbished, or determines
that he/she cannot directly reuse the component
(iv) An unused electronic device becomes a
waste on the date the handler decides to discard it.
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