Current through Bulletin 2024-06, March 15, 2024
(a) Batteries. A large quantity handler of
universal waste shall 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 large quantity
handler of universal waste shall 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 shall be
closed, structurally sound, compatible with the contents of the battery, and
shall lack evidence of leakage, spillage, or damage that could cause leakage
under reasonably foreseeable conditions.
(2) A large 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 shall 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 large quantity handler of universal
waste who removes electrolyte from batteries, or who generates other solid
waste, such as battery pack materials or discarded consumer products, as a
result of the activities listed in Subsection R315-273-33(a)(2), shall
determine whether the electrolyte and other solid waste exhibit a
characteristic of hazardous waste identified in Sections
R315-261-20
through
R315-261-24.
(i) If the electrolyte or other solid waste
exhibit a characteristic of hazardous waste, it shall be managed in compliance
with the applicable requirements of Rules R315-260 through R315-266, R315-268
and R315-270. The handler is considered the generator of the hazardous
electrolyte and other waste and is subject to Rule R315-262.
(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 rules or
regulations.
(b) Pesticides. A large quantity handler of
universal waste shall 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 shall 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;
(2) a container that does not meet the
requirements of Subsection R315-273-33(b)(1), if the unacceptable container is
overpacked in a container that does meet the requirements of Subsection
R315-273-33(b)(1);
(3) a tank that
meets the requirements of Sections
R315-265-190
through
R315-265-202,
except for Subsection
R315-265-197(c)
and Section
R315-265-200;
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) Mercury-containing equipment. A large
quantity handler of universal waste shall 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 large quantity handler of universal
waste shall 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 shall be closed, structurally sound,
compatible with the contents of the device, shall lack evidence of leakage,
spillage, or damage that could cause leakage under reasonably foreseeable
conditions, and shall be reasonably designed to prevent the escape of mercury
into the environment by volatilization or any other means.
(2) A large quantity handler of universal
waste may remove mercury-containing ampules from universal waste
mercury-containing equipment if 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, such as a 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 of broken ampules from that containment device to a container that is
subject to the applicable requirements of Rules R315-260 through
R315-270;
(iv) immediately
transfers any mercury resulting from spills or leaks from broken ampules from
the containment device to a container that meets the requirements of Rules
R315-260 through R315-270;
(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 large 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 if 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 the requirements for removing
ampules and managing removed ampules under Subsection R315-273-33(c)(2);
and
(4)
(i) a large 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
shall determine whether one or both of the following exhibit a characteristic
of hazardous waste identified in Sections
R315-261-20
through
R315-261-24:
(A) mercury or clean-up residues resulting
from spills or leaks;
(B) other
solid waste generated as a result of the removal of mercury-containing ampules
or housings, such as the remaining mercury-containing device; or
both.
(ii) If the
mercury, residues, other solid waste, or any combination of the three exhibits
a characteristic of hazardous waste, it shall be managed in compliance with the
applicable requirements of Rules R315-260 through R315-266, R315-268 and
R315-270. The handler is considered the generator of the mercury, residues,
other waste, or any combination of the three and shall manage it in compliance
with Rule R315-262.
(iii) If the
mercury, residues, other solid waste, or any combination of the three is not
hazardous, the handler may manage the waste in any way that is in compliance
with applicable federal, state or local solid waste rules or
regulations.
(d) Lamps. A large quantity handler of
universal waste shall 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 large quantity handler of
universal waste shall 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 shall remain closed and
shall lack evidence of leakage, spillage or damage that could cause leakage
under reasonably foreseeable conditions.
(2) A large quantity handler of universal
waste shall immediately clean up and place in a container any lamp that is
broken and shall 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 shall be closed, structurally
sound, compatible with the contents of the lamps and shall 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 large quantity
handler of universal waste may crush universal waste lamps using a drum-top
lamp crusher designed specifically for crushing lamps after the large quantity
handler submits a drum-top lamp crusher registration application to and
receives approval from the Director. The registration application shall
demonstrate that the large quantity handler shall operate the drum-top lamp
crusher to ensure the following:
(i) the
lamps are crushed in a closed accumulation container as specified by the
manufacturer of the drum-top lamp crusher;
(ii) the lamps are crushed in a controlled
manner that prevents the release of mercury vapor or other contaminants in
exceedance of the manufacturer's specifications;
(iii) the drum-top lamp crusher shall have a
filtration system consisting of, at a minimum, a bag filter followed in series
by a HEPA filter and an activated carbon filter;
(iv) the drum-top lamp crusher is installed,
maintained, and operated in accordance with written procedures developed by the
manufacturer of the equipment including specific instructions for the frequency
of filter changes;
(v) filters are
either characterized to demonstrate that they are not a hazardous waste or
managed as a hazardous waste;
(vi)
a spill clean-up kit is available;
(vii) the area in which the drum-top crusher
is operated is well ventilated and monitored to ensure compliance with
applicable OSHA exposure levels for mercury;
(viii) the employee using the drum-top lamp
crusher is trained annually on the written operating, safety, personal
protection and maintenance procedures of the system;
(ix) an employee using the drum-top lamp
crusher is trained annually in emergency procedures; and
(x) an operating record is kept and consists
of the following:
(A) the number and size of
lamps crushed per calendar day, per calendar month, and per calendar
year;
(B) the schedule for the
change out of filters;
(C) date and
time of filter change out;
(D)
date, type, and time of equipment maintenance;
(E) any occurrence of equipment malfunction;
and
(F) procedures for preventing
equipment malfunctions.
(4) The operating record shall be maintained
for at least three years.
(5) When
a drum-top crusher is no longer used or is relocated, the area where the
crusher was located shall be decontaminated of any mercury and other
contaminants caused by the use of the drum-top lamp crusher. A report
documenting the decontamination steps as well as supporting analytical data
demonstrating successful remediation shall be submitted to the Director for
approval within 30 days following completion of decontamination.
(6) The large quantity handler shall provide
a closure plan along with a detailed written estimate, in current dollars, of
the cost of disposing the drum-top lamp crusher; decontamination of the area
surrounding the drum-top lamp crusher, and any analytical costs required to
show that decontamination is complete. Drum-top lamp crushers operated by the
state or the federal government are exempt from the cost estimate requirement
of Subsection R315-273-33(d)(6).
(7) The large quantity handler shall
demonstrate financial assurance for the detailed cost estimates determined in
Subsection R315-273-33(d)(6) using one of the options in Subsections
R315-261-143(a)
through
R315-261-143(e).
Drum-top lamp crushers operated by the state or the federal government are
exempt from the financial assurance requirement of Subsection
R315-273-33(d)(7).
(8) Crushed
universal waste lamps may be managed as universal waste lamps under Rule
R315-273 or they may be managed as hazardous waste in accordance with the
applicable requirements of Rules R315-260 through R315-266 and
R315-268.
(e)
Antifreeze. A large quantity handler of universal waste shall manage universal
waste antifreeze in a way that prevents releases of any universal waste or
component of a universal waste to the environment. The universal waste
antifreeze shall be contained in one or more of the following:
(1) a container that remains closed,
structurally sound, compatible with the antifreeze, and that lacks evidence of
leakage, spillage, or damage that could cause leakage under reasonably
foreseeable conditions;
(2) a
container that does not meet the requirements of Subsection
R315-273-13(e)(1),
if the unacceptable container is overpacked in a container that does meet the
requirements of Subsection
R315-273-13(e)(1);
(3) a tank that meets the
requirements of Sections
R315-265-190
through
R315-265-202,
except for Subsection
R315-265-197(c)
and Section
R315-265-200;
or
(4) a transport vehicle or
vessel that is closed, structurally sound, compatible with the antifreeze, and
that lacks evidence of leakage, spillage, or damage that could cause leakage
under reasonably foreseeable conditions.
(f) Aerosol cans. A large quantity handler of
universal waste shall manage universal waste aerosol cans in a way that
prevents release of any universal waste or component of a universal waste to
the environment as follows:
(1) Universal
waste aerosol cans shall 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 shall be packaged in a separate closed container or
overpacked with absorbents, or immediately punctured and drained in accordance
with the requirements of Subsection R315-273-33(f).
(3) A large 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 large quantity handler of universal
waste who punctures and drains their aerosol cans shall 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 cans, 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 specifications and instructions 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 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 requirements of Sections
R315-262-14,
R315-262-15,
R315-262-16,
or
R315-262-17.
(v) Conduct a hazardous waste determination
on the contents of the emptied aerosol can in accordance with Section
R315-262-11.
Any hazardous waste generated as a result of puncturing and draining the
aerosol can is subject to the applicable requirements of Rules R315-260 through
R315-270. The handler is considered the generator of the hazardous waste and is
subject to Rule R315-262.
(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, or local
solid waste rules or regulations.
(vii) A written procedure shall be in place
in the event of a spill or leak and a spill clean-up kit shall be provided.
Spills or leaks of the contents of the aerosol cans shall be cleaned up
promptly.