(b) The incorporation by
reference of
40 C.F.R. section
273.33 is amended as follows:
(1) In
40 C.F.R. section
273.33(a)(3)(i), (c)(2)(iii), (c)(2)(iv), (c)(4)(ii), and
(e)(4)(v) replace " 40 CFR parts 260 through
272 " with "chapters
11-260.1 to 11-270.1".
(2) In
40 C.F.R. section
273.33(e)(4)(vi), replace
"or" with "and".
(3) Add a
subsection (f) to read: "(f) Electronic items. A large quantity handler of
universal waste must manage electronic items in a way that prevents releases of
any universal waste or component of a universal waste to the environment, as
follows:
(1) Electronic items shall be stored
in:
(i) A building, with a permanent roof and
floor, that is constructed and maintained to minimize breakage of electronic
items and to prevent exposure of the electronic items to precipitation; or
(ii) A closed and secure container
that is constructed and maintained to minimize breakage of electronic items and
to prevent exposure of the electronic items to precipitation.
(2) All universal waste electronic
items must be stored in a building or container meeting the requirements of
paragraph (1) within 24 hours of being discarded.
(3) A large quantity handler of universal
waste shall immediately clean up and place in a container any universal waste
electronic item that shows evidence of leakage, spillage, or damage that could
cause leakage under reasonably foreseeable conditions. The container shall be
closed, structurally sound, and compatible with the contents of the electronic
item, and shall lack evidence of leakage, spillage, or damage that could cause
leakage under reasonably foreseeable conditions.
(4) A large quantity handler of universal
waste may conduct the following activities:
(i) Sorting electronic items by
type;
(ii) Mixing electronic item
types in one container;
(iii)
Removal of discreet assemblies that are typically removed by consumers for
replacement during the normal operation of an electronic item (e.g., battery
packs, ink cartridges). A universal waste handler shall conduct the removal of
the discrete assemblies in the manner that is prescribed in the operating
manual for the electronic item, or in a manner that would otherwise reasonably
be employed during the normal operation of the electronic item; and
(iv) Removal of separable non-electronic
pieces that are intended for assembly by retailers or consumers (e.g., monitor
saucer, wall hanging bracket, cell phone case).
(5) A large quantity handler who generates
other solid waste (e.g., battery packs, monitor saucers) as a result of the
activities listed in paragraph (4) shall make a hazardous waste determination
pursuant to
40 C.F.R. section
262.11, as incorporated and amended in
section 11-262.1-1.
(i) If the waste exhibits
a characteristic of hazardous waste, it is subject to all applicable
requirements of chapters
11-260.1 to 11-270.1. If the waste is
another type of universal waste (e.g., a battery), it may be alternatively
managed under this chapter. The handler is considered the generator of the
waste and is subject to chapter 11-262.1.
(ii) If the waste is not hazardous, the
handler may manage the waste in any way that is in compliance with applicable
federal, state, and local solid waste regulations."
(4) Add a
subsection (g) to read: "(g) Solar panels. A large quantity handler of
universal waste must manage solar panels in a way that prevents releases of any
universal waste or component of a universal waste to the environment, as
follows:
(1) Solar panels shall be stored in
a manner that prevents breakage and release of any constituent of a solar panel
to the environment under reasonably foreseeable conditions. A container or
other method of storage (e.g., stretch-film wrapped panels on a pallet) used
must prevent breakage, leakage, spillage, or damage that could cause leakage
under reasonably foreseeable conditions. Intact solar panels need not be
contained to meet this standard.
(2) A large quantity handler of universal
waste shall immediately clean up and place in a container any universal waste
solar panel that shows evidence of leakage, spillage, or damage that could
cause leakage under reasonably foreseeable conditions. The container shall be
closed, structurally sound, and compatible with the contents of the solar
panel, and shall lack evidence of leakage, spillage, or damage that could cause
leakage under reasonably foreseeable conditions.
(3) A large quantity handler of universal
waste may conduct the following activities:
(i) Sorting solar panels by type;
(ii) Mixing solar panel types in one
container, on one pallet, or in one demarcated storage area;
(iii) Removal of ancillary components that
are typically removed for replacement during the normal operation and
maintenance of a solar photovoltaic system (e.g., connectors, junction boxes,
batteries, inverters). A universal waste handler shall conduct the removal of
the ancillary components in the manner that is prescribed in the operating
manual for the solar photovoltaic system, or in a manner that would otherwise
reasonably be employed during the normal operation and maintenance of the solar
photovoltaic system.
(4)
A large quantity handler who generates other solid waste (e.g., batteries,
inverters) as a result of the activities listed in paragraph (3) shall make a
hazardous waste determination pursuant to
40 C.F.R. section
262.11, as incorporated and amended in
section 11-262.1-1.
(i) If the waste exhibits
a characteristic of hazardous waste, it is subject to all applicable
requirements of chapters 11-260.1 to 11-270.1.
(ii) If the waste is another type of
universal waste (e.g., a battery, an electronic item), it may be alternatively
managed under this chapter. The handler is considered the generator of the
waste and is subject to applicable requirements of chapter 11-262.1 and this
chapter.
(iii) If the waste is not
hazardous, the handler may manage the waste in any way that is in compliance
with applicable federal, state, and local solid waste regulations."