Minnesota Administrative Rules
Agency 167 - Pollution Control Agency
Chapter 7045 - HAZARDOUS WASTE
UNIVERSAL WASTE
Part 7045.1400 - ADOPTION OF FEDERAL STANDARDS FOR UNIVERSAL WASTE MANAGEMENT
Universal Citation: MN Rules 7045.1400
Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1. Adoption.
The requirements of Code of Federal Regulations, title 40, part 273, as amended, regulating the management of universal waste, are adopted and incorporated by reference except as specified in subpart 2. In addition, the provisions of part 7045.0090 also apply.
Subp. 2. Exceptions.
A. The requirements of Code of Federal
Regulations, title 40, sections
273.80 and 273.81,
relating to petitions are not adopted.
B. The requirements of Code of Federal
Regulations, title 40, section 273.8, regarding the regulation of conditionally
exempt generators are not adopted.
C. References in Code of Federal Regulations,
title 40, sections
273.13(a)(3)(i)
and
273.33(a)(3)(i),
to the requirements of title 40, parts 260 through 272, mean the requirements
of chapter 7045.
D. References in
Code of Federal Regulations, sections
273.13(b)(3)
and
273.33(b)(3),
to the requirements of title 40, part 265, subparts I and J, mean the
requirements of parts
7045.0528 and
7045.0628.
E. References in Code of Federal Regulations,
sections
273.13(c)(3)(ii)
and
273.33(c)(3)(ii),
to the requirements of title 40, parts 260 through 272, mean the requirements
of chapter 7045.
F. References in
Code of Federal Regulations, sections
273.17(b)
and
273.37(b),
to the requirements of title 40, parts 260 through 272, mean the requirements
of chapter 7045.
G. References in
Code of Federal Regulations, section 273.60(a), to the requirements of title
40, parts 124, 264, 265, 266, 268, and 270, mean the requirements of chapters
7001 and 7045.
Subp. 3. Financial assurance for universal waste handlers.
A. Except as excluded in item B, universal
waste handlers who accumulate more than 1,000 lamps shall, in addition to
complying with all requirements of this part, establish financial assurance in
an amount that the commissioner determines is adequate to cover the cost of
hiring a third party to properly dispose of all of the lamps and close the
accumulation site. Evidence of financial assurance must be provided to the
commissioner and updated as necessary to cover the maximum amount of lamps
present at any time at the site. Financial assurance must be provided either
(1) as a closure trust fund according to part
7045.0504, subpart
2, except that the full
amount of cash to cover financial assurance must be deposited in the trust fund
at the time the fund is established rather than through annual payments, or (2)
as a letter of credit together with a standby trust fund according to part
7045.0504, subpart 5. For purposes
of these financial assurance requirements, references to closure costs in part
7045.0504, subparts
2 and 5, mean the financial
assurance costs described in this item.
B. The following universal waste handlers are
not required to provide evidence of financial assurance for lamp accumulation:
(1) universal waste handlers who only
accumulate lamps generated from their own buildings;
(2) universal waste handlers who only
accumulate lamps generated incidental to their real estate management and
building maintenance activities; and
(3) household hazardous waste management
programs operating under part
7045.0310.
C. The commissioner may require universal
waste handlers of other types of universal waste to establish financial
assurance as specified in item A, if the commissioner determines that:
(1) the volume or toxicity of the universal
waste represents a potential for significant risk to human health or the
environment; or
(2) there is a
potential for contamination at the accumulation site.
Statutory Authority: MS s 116.07
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