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 B - Standards for Small Quantity Handlers of Universal Waste
Section 6 CCR 1007-3-273.13 - Waste management

Universal Citation: 1000 CO Code Regs 6 CCR 1007-3-273.13

Current through Register Vol. 47, No. 17, September 10, 2024

(a) Universal waste batteries: A small quantity handler of universal waste must manage universal waste batteries in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:

(1) "A small" quantity handler of universal waste must contain any universal waste battery that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions in a container. The container must be closed, structurally sound, compatible with the contents of the battery, and must lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.

(2) A small quantity handler of universal waste may conduct the following activities as long as the casing of each individual battery cell is not breached and remains intact and closed (except that cells may be opened to remove electrolyte but must be immediately closed after removal):

(i) sorting batteries by type;

(ii) mixing battery types in one container;

(iii) discharging batteries so as to remove the electric charge;

(iv) regenerating used batteries;

(v) disassembling batteries or battery packs into individual batteries or cells;

(vi) removing batteries from consumer products; or

(vii) removing electrolyte from batteries.

(3) A small quantity handler of universal waste who removes electrolyte from batteries, or who generates other solid waste (e.g., battery pack materials, discarded consumer products) as a result of the activities listed above, must determine whether the electrolyte and/or other solid waste exhibit a characteristic of hazardous waste identified in Part 261, Subpart C.

(i) If the electrolyte and/or other solid waste exhibit a characteristic of hazardous waste, it is subject to all applicable requirements of Parts 260 through 268, and Parts 99 and 100 of these regulations. The handler is considered the generator of the hazardous electrolyte and/or other waste and is subject to Part 262

(Ii) If the electrolyte or other solid waste is not hazardous, the handler may manage the waste in any way that is in compliance with applicable federal, state or local solid waste regulations.

(b) Universal waste pesticides. A small quantity handler of universal waste must manage universal waste pesticides in a way that prevents releases of any universal waste or component of a universal waste to the environment. The universal waste pesticides must be contained in one or more of the following:

(1) A container that remains closed, structurally sound, compatible with the pesticide, and that lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions; or

(2) A container that does not meet the requirements of paragraph (1), provided that the unacceptable container is overpacked in a container that does meet the requirements of paragraph (1); or

(3) A tank that meets the requirements of Part 265 Subpart J, except for § 265.197(c) and § 265.200; or

(4) A transport vehicle or vessel that is closed, structurally sound, compatible with the pesticide, and that lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.

(c) Universal waste mercury-containing devices: A small quantity handler of universal waste must manage universal waste mercury-containing devices in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:

(1) A small quantity handler of universal waste must contain any universal waste mercury-containing device that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions in a container. The container must be closed, structurally sound, compatible with the contents of the mercury-containing device, must lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions, and must be reasonably designed to prevent the escape of mercury into the environment by volatilization or any other means.

(2) A small quantity handler of universal waste may remove mercury-containing ampules from universal waste mercury-containing devices provided the handler:

(i) Removes and manages the ampules in a manner designed to prevent breakage of the ampules;

(ii) Removes ampules only over or in a containment device (e.g., tray or pan sufficient to collect and contain any mercury released from an ampule in case of breakage);

(iii) Ensures that a mercury clean-up system is readily available to immediately transfer any mercury resulting from spills or leaks from broken ampules from that containment device to a container that is subject to all applicable requirements of Parts 260 through 268 and Parts 99 and 100 of these regulations;

(iv) Immediately transfers any mercury resulting from spills or leaks from broken ampules from the containment device to a container that is subject to all applicable requirements of Parts 260 through 268 and Parts 99 and 100 of these regulations;

(v) Ensures that the area in which ampules are removed is well ventilated and monitored to ensure compliance with applicable OSHA exposure levels for mercury;

(vi) Ensures that employees removing ampules are thoroughly familiar with proper waste mercury handling and emergency procedures, including transfer of mercury from containment devices to appropriate containers;

(vii) Stores removed ampules in closed, non-leaking containers that are in good condition; and

(viii) Packs removed ampules in the container with packing materials adequate to prevent breakage during storage, handling, and transportation.

(3) A small quantity handler of a universal waste mercury-containing device that does not contain an ampule may remove the open original housing holding the mercury from the universal waste mercury-containing device provided the handler:

(i) Immediately seals the original housing holding the mercury with an air-tight seal to prevent the release of any mercury to the environment; and

(ii) Follows all requirements for removing ampules under paragraph (c)(2) of this section; and

(4)

(i) A small quantity handler of universal waste who removes mercury-containing ampules from mercury-containing devices or seals mercury from a mercury-containing device in its original housing must determine whether the following exhibit a characteristic of hazardous waste identified in Part 261, Subpart C:

(A) Mercury or clean-up residues resulting from spills or leaks; and/or

(B) Other solid waste generated as a result of the removal of mercury-containing ampules or housings (e.g., the remaining mercury-containing device units).

(ii) If the mercury, residues, and/or other solid waste exhibit a characteristic of hazardous waste, it must be managed in compliance with all applicable requirements of Parts 260 through 268, and Parts 99 and 100 of these regulations. The handler is considered the generator of the mercury, residues, and/or other waste and is subject to and must manage it in compliance with the requirements of Part 262 of these regulations.

(iii) If the mercury, residues, and/or other solid waste is not hazardous, the handler may manage the waste in any way that is in compliance with applicable federal, state or local solid waste regulations.

(5) A small quantity handler of universal waste may drain elemental mercury from open-ended mercury-containing devices provided the handler:

(i) Ensures that the universal waste mercury-containing devices are drained only over or in a containment device (e.g., tray or pan sufficient to collect and contain any mercury released from a device in case of breakage or spill);

(ii) Ensures that the draining operations are performed safely by developing and implementing a written procedure detailing how to safely drain the universal waste mercury-containing devices. This procedure must include: the type of equipment to be used to drain the universal waste mercury-containing devices safely; operation and maintenance of the equipment; segregation of incompatible wastes; proper waste management practices, and waste characterization;

(iii) Ensures that a spill clean-up kit is readily available to immediately clean up spills or leaks of the contents of the universal waste mercury-containing device which may occur during the mercury draining operation;

(iv) Immediately transfers the drained elemental mercury to a container that meets the requirements of Part 262, Subpart A;

(v) Ensures that the area in which the universal waste mercury-containing devices are drained is well ventilated and monitored to ensure compliance with applicable OSHA exposure levels for mercury;

(vi) Ensures that employees are thoroughly familiar with the procedure for draining universal waste mercury-containing devices, and proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies;

(vii) Stores the drained elemental mercury in a closed, non-leaking container that is in good condition; and

(viii) Maintains documentation of the date of accumulation, a description of the device drained, and the amount of mercury drained.

(ix) May accumulate up to 35 kilograms (about 77 pounds) of elemental mercury at any one time.

(6)

(i) A small quantity handler of universal waste who drains universal waste mercury-containing devices, or who generates other solid waste as a result of draining the mercury-containing devices, must determine whether the following exhibit a characteristic of hazardous waste identified in Part 261, Subpart C:

(A) Mercury or clean-up residues resulting from spills or leaks: and/or

(B) Other solid waste generated as a result of the removal of mercury-containing ampules (e.g., remaining mercury-containing device units and filters).

(ii) If the mercury, residues, and/or other solid waste exhibit a characteristic of hazardous waste, they must be managed in accordance with all applicable requirements of Parts 260 through 268, and Parts 99 and 100 of these regulations. The handler is considered the generator of the newly generated hazardous waste and is subject to the requirements of Part 262 of these regulations.

(iii) If the mercury, residues and/or other solid waste are not hazardous, the handler may manage the waste in a way that is in compliance with applicable federal, state or local solid waste regulations.

(d) Universal Waste Aerosol Cans. A small quantity handler of universal waste must manage universal waste aerosol cans in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:

(1) Universal waste aerosol cans must be accumulated in a container that is structurally sound, compatible with the contents of the aerosol cans, lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions, and is protected from sources of heat.

(2) Universal waste aerosol cans that show evidence of leakage must be packaged in a separate closed container or overpacked with absorbents, or immediately punctured and drained in accordance with the requirements of paragraph (d)(4) of this section.

(3) A small quantity handler of universal waste may conduct the following activities as long as each individual aerosol can is not breached and remains intact:

(i) Sorting aerosol cans by type;

(ii) Mixing intact cans in one container; and

(iii) Removing actuators to reduce the risk of accidental release.

(4) A small quantity handler of universal waste who punctures and drains their aerosol cans must recycle the empty punctured aerosol cans and meet the following requirements while puncturing and draining universal waste aerosol cans:

(i) Conduct puncturing and draining activities using a device specifically designed to safely puncture aerosol cans and effectively contain the residual contents and any emissions thereof.

(ii) Establish and follow a written procedure detailing how to safely puncture and drain the universal waste aerosol can (including proper assembly, operation and maintenance of the unit, segregation of incompatible wastes, and proper waste management practices to prevent fires or releases); maintain a copy of the manufacturer's specification and instruction on site; and ensure employees operating the device are trained in the proper procedures.

(iii) Ensure that puncturing of the can is done in a manner designed to prevent fires and to prevent the release of any component of universal waste to the environment. This manner includes, but is not limited to, locating the equipment on a solid, flat surface in a well-ventilated area.

(iv) Immediately transfer the contents from the waste aerosol can or puncturing device, if applicable, to a container or tank that meets the applicable requirements of § 262.14, § 262.15, § 262.16, or § 262.17 of these regulations.

(v) Conduct a hazardous waste determination on the contents of the emptied aerosol can per § 262.11 of these regulations. Any hazardous waste generated as a result of puncturing and draining the aerosol can is subject to all applicable requirements of Parts 260 through 268 and Parts 99 and 100 of these regulations. The handler is considered the generator of the hazardous waste and is subject to Part 262 of these regulations.

(vi) If the contents are determined to be nonhazardous, the handler may manage the waste in any way that is in compliance with applicable Federal, state, or local solid waste regulations.

(vii) A written procedure must be in place in the event of a spill or leak and a spill clean-up kit must be provided. All spills or leaks of the contents of the aerosol cans must be cleaned up promptly.

(e) Lamps. A small quantity handler of universal waste must manage lamps in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:

(1) A small quantity handler of universal waste must contain any lamp in appropriately-sized containers or packages that are structurally sound, adequate to prevent breakage, and compatible with the contents of the lamps. Such containers and packages must remain closed and must lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.

(2) A small quantity handler of universal waste must immediately clean up and place in a container any lamp that is broken and must place in a container any lamp that shows evidence of breakage, leakage, or damage that could cause the release of mercury or other hazardous constituents to the environment. Containers must be closed, structurally sound, compatible with the contents of the lamps and must lack evidence of leakage, spillage or damage that could cause leakage or releases of mercury or other hazardous constituents to the environment under reasonably foreseeable conditions.

(3) A small quantity handler of universal waste may crush universal waste lamps provided the handler:

(i) Ensures that the universal waste lamps are crushed in a completely enclosed system that is designed to prevent the release of any universal waste or component of universal waste to the environment (e.g., a sealed tank or container that is equipped with a filter to capture mercury emissions);

(ii) Ensures that the crushing operations are performed safely by developing and implementing a written procedure detailing how to safely crush the universal waste lamps. This procedure must include: the type of equipment to be used to crush the universal waste lamps safely; operation and maintenance of the unit; segregation of incompatible wastes; proper waste management practices, and waste characterization;

(iii) Ensures that a spill clean-up kit is readily available to immediately clean up spills or leaks of the contents of the universal waste lamp which may occur during the lamp-crushing operation;

(iv) Immediately transfers the crushed universal waste lamp to a container that meets the requirements of Part 262, Subpart A;

(v) Ensures that the area in which the universal waste lamps are crushed is well ventilated and monitored to ensure compliance with applicable OSHA exposure levels for mercury; and

(vi) Ensures that employees are thoroughly familiar with the procedure for crushing universal waste lamps, and proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies.

(4)

(i) A small quantity handler of universal waste who crushes universal waste lamps, or who generates other solid waste as a result of crushing the lamps, must determine whether the crushed universal waste lamp, its residues and/or other solid wastes exhibit a characteristic of hazardous waste identified in Part 261, Subpart C of these regulations, or are listed as a hazardous waste identified in Part 261, Subpart D of these regulations.

(ii) If the crushed universal waste lamps exhibit a characteristic of hazardous waste, they may continue to be managed as universal waste lamps under this part or they may be managed in accordance with all applicable requirements of Parts 260 through 268, and Parts 99 and 100 of these regulations. If the crushed universal waste lamps are not managed as universal waste under this part, then the handler is considered the generator of the newly generated hazardous waste and is subject to the requirements of Part 262 of these regulations.

(iii) If the residues and/or other solid waste generated exhibit a characteristic of hazardous waste, they must be managed in accordance with all applicable requirements of Parts 260 through 268, and Parts 99 and 100 of these regulations. The handler is considered the generator of the newly generated hazardous waste and is subject to the requirements of Part 262 of these regulations.

(iv) If the crushed universal waste lamp, its residues and/or other solid waste are not hazardous, the handler may manage the waste in a way that is in compliance with applicable federal, state or local solid waste regulations.

(f) Electronic devices and electronic components. A small quantity handler of universal waste must manage electronic devices and electronic components in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:

(1) A small quantity handler of universal waste must contain any electronic device or electronic component in containers that are structurally sound, adequate to prevent breakage, and compatible with the contents of the device or component. Such containers must lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.

(2) A small quantity handler of universal waste must immediately clean up and place in a container any electronic device or electronic component that is broken, and must place in a container any electronic device or electronic component that shows evidence of breakage, leakage, or damage that could cause the release of hazardous constituents to the environment. Containers must be structurally sound, compatible with the contents of the electronic device or electronic component and must lack evidence of leakage, spillage or damage that could cause leakage or releases of hazardous constituents to the environment under reasonably foreseeable conditions.

(3) A small quantity handler of universal waste may disassemble universal waste electronic devices provided the handler:

(i) Ensures that the universal waste electronic devices are disassembled in a manner designed to prevent the release of any universal waste or component of universal waste to the environment;

(ii) Ensures that the disassembly operations are performed safely by developing and implementing a written procedure detailing how to safely disassemble each universal waste electronic device managed at the facility. This procedure must include: the type of equipment to be used to disassemble the universal waste electronic devices safely; operation and maintenance of all equipment; segregation of incompatible wastes; proper waste management practices, and waste characterization;

(iii) Ensures that a spill clean-up kit is readily available to immediately clean up spills or leaks of the contents of the universal waste electronic device which may occur during disassembly operations;

(iv) Transfers the disassembled electronic components directly into containers that are structurally sound and are compatible with the material;

(v) Ensures that employees are thoroughly familiar with the procedures for disassembling universal waste electronic devices, proper waste handling, and emergency procedures relevant to their responsibilities during normal facility operations and emergencies; and

(vi) Maintains a system to ensure compliance with the written disassembling and management procedures.

(4)

(i) A small quantity handler of universal waste who disassembles universal waste electronic devices, or who generates other solid waste as a result of disassembling the electronic devices, must determine whether the disassembled electronic device, its components and/or other solid wastes exhibit a characteristic of hazardous waste identified in Part 261, Subpart C of these regulations, or are listed as a hazardous waste identified in Part 261, Subpart D of these regulations.

(ii) If the disassembled universal waste electronic device or its components exhibit a characteristic of hazardous waste, they may continue to be managed as universal waste under this part. If the disassembled universal waste electronic device or its components are not managed as universal waste under this part, then the handler is considered the generator of the newly generated hazardous waste and is subject to all applicable requirements of Parts 260 through 268, and Parts 99 and 100 of these regulations.

(iii) If the disassembled universal waste electronic device, its components, and/or other solid waste are not hazardous, the handler may manage the waste in a way that is in compliance with applicable federal, state and local solid waste regulations.

(5) A small quantity handler of universal waste who conducts shredding, crushing, or other size-reduction activities of electronic devices to reduce its volume or make them more suitable for recycling or reclamation would not require a permit for treatment of hazardous waste provided the handler:

(i) Ensures that the universal waste electronic devices are size-reduced in a manner designed to prevent the release of any universal waste or component of universal waste to the environment;

(ii) Ensures that the size-reduction operations are performed safely by developing and implementing a written procedure detailing how to safely size-reduce each universal waste electronic device managed at the facility. This procedure must include: the type of equipment to be used to size-reduce the universal waste electronic devices safely; operation and maintenance of all equipment; proper waste management practices, and waste characterization;

(iii) Transfers the size-reduced material directly into containers that are structurally sound and are compatible with the material;

(iv) Ensures that employees are thoroughly familiar with the written procedures developed pursuant to subparagraph (ii) above for size-reduction of the universal waste electronic devices, proper waste handling, and emergency procedures relevant to their responsibilities during normal facility operations and emergencies; and

(v) Maintains a system to ensure compliance with the written size-reduction and management procedures for the universal waste electronic devices.

Disclaimer: These regulations may not be the most recent version. Colorado 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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