Current through February, 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 40
CFR 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 chapters
11-260.1 to 11-270.1. The handler is
considered the generator of the hazardous electrolyte and/or other waste and is
subject to 40 CFR 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 (b)(1) of this
Section, provided that the unacceptable container is overpacked in a container
that does meet the requirements of paragraph (b)(1) of this Section;
or
(3) A tank that meets the
requirements of 40 CFR part 265 subpart J, except for
40 CFR
265.197(c),
265.200,
and 265.201; 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)
Mercury-containing
equipment. A small quantity handler of universal waste must manage
universal waste mercury-containing equipment 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 place in a container any universal waste
mercury-containing equipment with non-contained elemental mercury or that shows
evidence of leakage, spillage, or damage that could cause leakage under
reasonably foreseeable conditions. The container must be closed, structurally
sound, compatible with the contents of the 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 equipment provided the handler:
(i) Removes and manages the ampules in a
manner designed to prevent breakage of the ampules;
(ii) Removes the 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 chapters
11-260.1 to 11-270.1;
(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 chapters
11-260.1 to 11-270.1;
(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;
(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 universal
waste mercury-containing equipment that does not contain an ampule may remove
the open original housing holding the mercury from universal waste
mercury-containing equipment 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 and managing removed 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 equipment
or seals mercury from mercury-containing equipment in its original housing must
determine whether the following exhibit a characteristic of hazardous waste
identified in 40 CFR 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).
(ii) If the
mercury, residues, and/or other solid waste exhibits a characteristic of
hazardous waste, it must be managed in compliance with all applicable
requirements of chapters
11-260.1 to 11-270.1. The handler is
considered the generator of the mercury, residues, and/or other waste and must
manage it in compliance with 40 CFR part 262.
(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.
(d)
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 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.
(e) 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 (e)(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; and
(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 content from the waste aerosol can or puncturing
device, if applicable, to a container or tank that meets the applicable
requirements of
40 CFR
262.14,
262.15,
262.16,
or
262.17.
(v) Conduct a hazardous waste determination
on the contents of the emptied aerosol can per
40 CFR
262.11. Any hazardous waste generated as a
result of puncturing and draining the aerosol can is subject to all applicable
requirements of chapters
11-260.1 to 11-270.1. The handler is
considered the generator of the hazardous waste and is subject to 40 CFR part
262 .
(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, and 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.
(f) Electronic items. A small 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 small 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 small 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.
(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 small 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.
(g) Solar panels. A
small 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 small 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 small 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 small 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.