Current through Register Vol. 24-06, March 15, 2024
(1)
Scope.
(a) This section establishes requirements for
managing the following:
(i) Batteries as
described in subsection (2) of this section;
(ii) Mercury-containing equipment as
described in subsection (3) of this section; and
(iii) Lamps as described in subsection (5) of
this section.
(b) This
section provides an alternative set of management standards in lieu of
regulation under the rest of this chapter except for WAC
173-303-050,
173-303-145,
and
173-303-960.
(2)
Applicability - Batteries.
(a) Batteries covered under this section.
(i) The requirements of this section apply to
persons managing batteries, as described in WAC
173-303-040, except
those listed in (b) of this subsection.
(ii) Spent lead-acid batteries which are not
managed under WAC
173-303-120(3)(f)
and
173-303-520,
are subject to management under this section.
(b) Batteries not covered under this section.
The requirements of this section do not apply to persons managing the following
batteries:
(i) Spent lead-acid batteries that
are managed under WAC
173-303-120(3)
and
173-303-520.
(ii) Batteries, as described in WAC
173-303-040, that are
not yet wastes under WAC
173-303-016,
173-303-017,
or
173-303-070,
including those that do not meet the criteria for waste generation in (c) of
this subsection.
(iii) Batteries,
as described in WAC
173-303-040, that are
not dangerous waste. A battery is a dangerous waste if it exhibits one or more
of the characteristics or criteria identified in WAC
173-303-090
or
173-303-100.
(c) Generation of waste batteries.
(i) A used battery becomes a waste on the
date it is discarded (for example, when sent for reclamation).
(ii) An unused battery becomes a waste on the
date the handler decides to discard it.
(3)
Applicability - Mercury-containing
equipment.
(a) Mercury-containing
equipment covered under this section. The requirements of this section apply to
persons managing mercury-containing equipment, as described in WAC
173-303-040, except
those listed in (b) of this subsection.
(b) Mercury-containing equipment not covered
under this section. The requirements of this section do not apply to persons
managing the following mercury-containing equipment:
(i) Mercury-containing equipment that is not
yet a waste under WAC
173-303-016,
173-303-017,
or
173-303-070.
Paragraph (c) of this subsection describes when mercury-containing equipment
becomes a waste;
(ii)
Mercury-containing equipment that is not a dangerous waste. Mercury-containing
equipment is a dangerous waste if it exhibits one or more of the
characteristics or criteria identified in WAC
173-303-090
or
173-303-100;
and
(iii) Equipment and devices
from which the mercury-containing components have been
removed.
(c) Generation
of waste mercury-containing equipment.
(i)
Used mercury-containing equipment becomes a waste on the date it is
discarded.
(ii) Unused
mercury-containing equipment becomes a waste on the date the handler decides to
discard it.
(5)
Applicability - Lamps.
(a) Lamps covered under this section. The
requirements of this section apply to persons managing lamps, as described in
WAC
173-303-040, except
those listed in (b) of this subsection.
(b) Lamps not covered under this section. The
requirements of this section do not apply to persons managing the following
lamps:
(i) Lamps that are not yet wastes under
WAC
173-303-016,
173-303-017,
or
173-303-070.
Paragraph (c) of this subsection describes when lamps become wastes.
(ii) Lamps that are not dangerous waste.
Lamps that do not exhibit one or more of the characteristics or criteria
identified in WAC
173-303-090
or
173-303-100
are not dangerous waste.
(c) Generation of waste lamps.
(i) A used lamp becomes a waste on the date
it is discarded.
(ii) An unused
lamp becomes a waste on the date the handler decides to discard it.
(6)
Applicability
- Small quantity handlers of universal waste. Subsections (6) through
(16) of this section apply to small quantity handlers of universal waste (as
defined in WAC
173-303-040
).
(7)
Prohibitions.
A small quantity handler of universal waste is:
(a) Prohibited from disposing of universal
waste; and
(b) Prohibited from
diluting or treating universal waste, except by responding to releases as
provided in subsection (13) of this section; or by managing specific wastes as
provided in subsection (9) of this section.
(8)
Notification.
A small quantity handler of universal waste is not required to
notify the department of universal waste handling activities.
(9)
Waste management.
(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:
(i) 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.
(ii) 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):
(A) Sorting batteries by
type;
(B) Mixing battery types in
one container;
(C) Discharging
batteries so as to remove the electric charge;
(D) Regenerating used batteries;
(E) Disassembling batteries or battery packs
into individual batteries or cells;
(F) Removing batteries from consumer
products; or
(G) Removing
electrolyte from batteries.
(iii) A small quantity handler of universal
waste who removes electrolyte from batteries, or who generates other solid
waste (for example, 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 or criteria of dangerous
waste identified in WAC
173-303-090
or
173-303-100.
(A) If the electrolyte and/or other solid
waste exhibit a characteristic or criteria of dangerous waste, it is subject to
all applicable requirements of this chapter. The handler is considered the
generator of the dangerous electrolyte and/or other waste and is subject to WAC
173-303-170
through
173-303-230.
(B) If the electrolyte or other solid waste
is not dangerous, 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 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:
(i) A small quantity handler of
universal waste must place in a container any universal waste
mercury-containing equipment with noncontained 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.
(ii) A small quantity handler of universal
waste may remove mercury-containing ampules from universal waste
mercury-containing equipment provided the handler:
(A) Removes and manages the ampules in a
manner designed to prevent breakage of the ampules;
(B) Removes the ampules only over or in a
containment device (for example, tray or pan sufficient to collect and contain
any mercury released from an ampule in case of breakage);
(C) Ensures that a mercury cleanup 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
meets the requirements of WAC
173-303-200;
(D) Immediately transfers any mercury
resulting from spills or leaks from broken ampules from the containment device
to a container that meets the requirements of WAC
173-303-200;
(E) Ensures that the area in which ampules
are removed is well ventilated and monitored to ensure compliance with
applicable OSHA exposure levels for mercury;
(F) 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;
(G) Stores
removed ampules in closed, nonleaking containers that are in good
condition;
(H) Packs removed
ampules in the container with packing materials adequate to prevent breakage
during storage, handling, and transportation; and
(iii) 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:
(A) Immediately seals the original housing
holding the mercury with an airtight seal to prevent the release of any mercury
to the environment; and
(B) Follows
all requirements for removing ampules and managing removed ampules under
(b)(ii) of this subsection; and
(iv)
(A) 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 or criteria of dangerous waste identified in
WAC
173-303-090
or
173-303-100:
(I) Mercury or cleanup residues resulting
from spills or leaks; and/or
(II)
Other solid waste generated as a result of the removal of mercury-containing
ampules or housings (for example, the remaining mercury-containing
device).
(B) If the
mercury, residues, and/or other solid waste exhibit a characteristic or
criteria of dangerous waste, it must be managed in compliance with all
applicable requirements of this chapter. The handler is considered the
generator of the mercury, residues, and/or other waste and must manage it
subject to WAC
173-303-170
through
173-303-230.
(C) If the mercury, residues, and/or other
solid waste is not dangerous, the handler may manage the waste in any way that
is in compliance with applicable federal, state or local solid waste
regulations.
(c) Universal waste lamps. A small quantity
handler of universal waste must manage universal waste lamps in a way that
prevents releases of any universal waste or component of a universal waste to
the environment, as follows:
(i) A small
quantity handler of universal waste must immediately clean up and place in a
container any universal waste lamps that show 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 lamps, and must lack evidence of leakage, spillage, or damage that could
cause leakage under reasonably foreseeable conditions;
(ii) A small quantity handler of universal
waste must minimize lamp breakage by accumulating lamps in containers or
packages that are structurally sound, adequate to prevent breakage, and
compatible with the contents of the lamps. The containers and packages must
remain closed and must lack evidence of leakage, spillage, or damage that could
cause leakage under reasonably foreseeable conditions;
(iii) A small quantity handler of universal
waste must store lamps accumulated in cardboard or fiber containers indoors,
meaning in a structure that prevents the container from being exposed to the
elements.
(10)
Labeling/marking.
A small quantity handler of universal waste must label or mark
the universal waste to identify the type of universal waste as specified
below:
(a) Universal waste batteries
(that is, each battery), or a container in which the batteries are contained,
must be labeled or marked clearly with any one of the following phrases:
"Universal Waste-Battery(ies)," or "Waste Bat-tery(ies)," or "Used
Battery(ies);"
(b)
(i) Universal waste mercury-containing
equipment (that is, each device), or a container in which the equipment is
contained, must be labeled or marked clearly with any of the following phrases:
"Universal Waste Mercury-Containing Equipment," "Waste Mercury-Containing
Equipment," or "Used Mercury-Containing Equipment."
(ii) A universal waste mercury-containing
thermostat or container containing only universal waste mercury-containing
thermostats may be labeled or marked clearly with any of the following phrases
"Universal Waste-Mercury Thermo-stat(s)," "Waste Mercury Thermostat(s)," or
"Used Mercury Thermostat(s)."
(c) Universal waste lamps (that is, each
lamp), or a container in which the lamps are accumulated, must be labeled or
marked clearly with any one of the following phrases: "Universal Waste
Lamp(s)," or "Waste Lamp(s)," or "Used Lamp(s)."
(11)
Accumulation time limits.
(a) A small quantity handler of universal
waste may accumulate universal waste for no longer than one year from the date
the universal waste is generated, or received from another handler, unless the
requirements of (b) of this subsection are met.
(b) A small quantity handler of universal
waste may accumulate universal waste for longer than one year from the date the
universal waste is generated, or received from another handler, if such
activity is solely for the purpose of accumulation of such quantities of
universal waste as necessary to facilitate proper recovery, treatment, or
disposal. However, the handler bears the burden of proving that such activity
is solely for the purpose of accumulation of such quantities of universal waste
as necessary to facilitate proper recovery, treatment, or disposal.
(c) A small quantity handler of universal
waste who accumulates universal waste must be able to demonstrate the length of
time that the universal waste has been accumulated from the date it becomes a
waste or is received. The handler may make this demonstration by:
(i) Placing the universal waste in a
container and marking or labeling the container with the earliest date that any
universal waste in the container became a waste or was received;
(ii) Marking or labeling each individual item
of universal waste (for example, each battery, thermostat, mercury-containing
equipment, or lamp) with the date it became a waste or was received;
(iii) Maintaining an inventory system on-site
that identifies the date each universal waste became a waste or was
received;
(iv) Maintaining an
inventory system on-site that identifies the earliest date that any universal
waste in a group of universal waste items or a group of containers of universal
waste became a waste or was received;
(v) Placing the universal waste in a specific
accumulation area and identifying the earliest date that any universal waste in
the area became a waste or was received; or
(vi) Any other method which clearly
demonstrates the length of time that the universal waste has been accumulated
from the date it becomes a waste or is received.
(12)
Employee training.
A small quantity handler of universal waste must inform all
employees who handle or have responsibility for managing universal waste. The
information must describe proper handling and emergency procedures appropriate
to the type(s) of universal waste handled at the facility.
(13)
Response to releases.
(a) A small quantity handler of universal
waste must immediately contain all releases of universal wastes and other
residues from universal wastes.
(b)
A small quantity handler of universal waste must determine whether any material
resulting from the release is dangerous waste, and if so, must manage the
dangerous waste in compliance with all applicable requirements of this chapter.
The handler is considered the generator of the material resulting from the
release, and must manage it in compliance with WAC
173-303-170
through
173-303-230.
(14)
Off-site shipments.
(a) A small quantity handler of universal
waste is prohibited from sending or taking universal waste to a place other
than another universal waste handler, a destination facility, or a foreign
destination.
(b) If a small
quantity handler of universal waste self-transports universal waste off-site,
the handler becomes a universal waste transporter for those self-transportation
activities and must comply with the transporter requirements of subsections
(28) through (34) of this section while transporting the universal
waste.
(c) If a universal waste
being offered for off-site transportation meets the definition of hazardous
materials under 49 C.F.R. Parts 171 through 180, a small quantity handler of
universal waste must package, label, mark and placard the shipment, and prepare
the proper shipping papers in accordance with the applicable Department of
Transportation regulations under 49 C.F.R. Parts 172 through 180.
(d) Prior to sending a shipment of universal
waste to another universal waste handler, the originating handler must ensure
that the receiving handler agrees to receive the shipment.
(e) If a small quantity handler of universal
waste sends a shipment of universal waste to another handler or to a
destination facility and the shipment is rejected by the receiving handler or
destination facility, the originating handler must either:
(i) Receive the waste back when notified that
the shipment has been rejected, or
(ii) Agree with the receiving handler on a
destination facility to which the shipment will be sent.
(f) A small quantity handler of universal
waste may reject a shipment containing universal waste, or a portion of a
shipment containing universal waste that they have received from another
handler. If a handler rejects a shipment or a portion of a shipment, they must
contact the originating handler to notify them of the rejection and to discuss
reshipment of the load. The handler must:
(i)
Send the shipment back to the originating handler; or
(ii) If agreed to by both the originating and
receiving handler, send the shipment to a destination facility.
(g) If a small quantity handler of
universal waste receives a shipment containing dangerous waste that is not a
universal waste, the handler must immediately notify the department of the
illegal shipment, and provide the name, address, and phone number of the
originating shipper. The department will provide instructions for managing the
dangerous waste.
(h) If a small
quantity handler of universal waste receives a shipment of nondangerous,
nonuniversal waste, the handler may manage the waste in any way that is in
compliance with applicable federal, state or local solid waste
regulations.
(15)
Tracking universal waste shipments.
A small quantity handler of universal waste is not required to
keep records of shipments of universal waste.
(16)
Exports.
A small quantity handler of universal waste who sends universal
waste to a foreign destination is subject to the requirements of 40 C.F.R. Part
262, Subpart H which is incorporated by reference at WAC
173-303-230.
(17)
Applicability - Large
quantity handlers of universal waste.
Subsections (17) through (27) of this section apply to large
quantity handlers of universal waste (as defined in WAC
173-303-040 ).
(18)
Prohibitions.
A large quantity handler of universal waste is:
(a) Prohibited from disposing of universal
waste; and
(b) Prohibited from
diluting or treating universal waste, except by responding to releases as
provided in subsection (24) of this section; or by managing specific wastes as
provided in subsection (20) of this section.
(19)
Notification.
(a)
(i)
Except as provided in (a)(ii) of this subsection, a large quantity handler of
universal waste must have sent written notification of universal waste
management to the department, and received an EPA Identification Number, before
meeting or exceeding the 11,000 pound storage limit and/or before meeting or
exceeding the 2,200 pound storage limit for lamps.
(ii) A large quantity handler of universal
waste who has already notified the department of their dangerous waste
management activities and has received an EPA Identification Number is not
required to renotify under this section.
(b) This notification must include:
(i) The universal waste handler's name and
mailing address;
(ii) The name and
business telephone number of the person at the universal waste handler's site
who should be contacted regarding universal waste management
activities;
(iii) The address or
physical location of the universal waste management activities;
(iv) A list of all of the types of universal
waste managed by the handler (for example, batteries, mercury-containing
equipment, and lamps); and
(v) A
statement indicating that the handler is accumulating more than 11,000 pounds
of universal waste at one time, and/or a statement indicating that the handler
is accumulating more than 2,200 pounds of lamps at one time. (For example, if a
handler is accumulating 6,000 pounds of batteries, 4,500 pounds of
mercury-containing equipment and 600 pounds of universal waste lamps, they
would notify for having 11,100 pounds of universal waste at one time -
Likewise, if a handler is accumulating 6,000 pounds of batteries, 2,000 pounds
of mercury-containing equipment and 2,400 pounds of universal waste lamps, they
would also need to notify for exceeding the 2,200 pound limit for universal
waste lamps.)
(20)
Waste management.
(a) Universal waste batteries. A large
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:
(i) A
large 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.
(ii) 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 must be immediately closed
after removal):
(A) Sorting batteries by
type;
(B) Mixing battery types in
one container;
(C) Discharging
batteries so as to remove the electric charge;
(D) Regenerating used batteries;
(E) Disassembling batteries or battery packs
into individual batteries or cells;
(F) Removing batteries from consumer
products; or
(G) Removing
electrolyte from batteries.
(iii) A large quantity handler of universal
waste who removes electrolyte from batteries, or who generates other solid
waste (for example, 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 or criteria of dangerous
waste identified in WAC
173-303-090
or
173-303-100.
(A) If the electrolyte and/or other solid
waste exhibit a characteristic or criteria of dangerous waste, it must be
managed in compliance with all applicable requirements of this chapter. The
handler is considered the generator of the dangerous electrolyte and/or other
waste and is subject to WAC
173-303-170
through
173-303-230.
(B) If the electrolyte or other solid waste
is not dangerous, 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 mercury-containing
equipment. A large 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:
(i) A large quantity handler of
universal waste must place in a container any universal waste
mercury-containing equipment with noncontained 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.
(ii) A large quantity handler of universal
waste may remove mercury-containing ampules from universal waste
mercury-containing equipment provided the handler:
(A) Removes and manages the ampules in a
manner designed to prevent breakage of the ampules;
(B) Removes ampules only over or in a
containment device (for example, tray or pan sufficient to collect and contain
any mercury released from an ampule in case of breakage);
(C) Ensures that a mercury cleanup 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 meets
the requirements of WAC
173-303-200;
(D) Immediately transfers any mercury
resulting from spills or leaks from broken ampules from the containment device
to a container that meets the requirements of WAC
173-303-200;
(E) Ensures that the area in which ampules
are removed is well ventilated and monitored to ensure compliance with
applicable OSHA exposure levels for mercury;
(F) 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;
(G) Stores
removed ampules in closed, nonleaking containers that are in good
condition;
(H) Packs removed
ampules in the container with packing materials adequate to prevent breakage
during storage, handling, and transportation;
(iii) 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 provided the handler:
(A) Immediately seals the original housing
holding the mercury with an airtight seal to prevent the release of any mercury
to the environment; and
(B) Follows
all requirements for removing ampules and managing removed ampules under
(b)(ii) of this subsection; and
(iv)
(A) 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 must determine whether the
following exhibit a characteristic or criteria of dangerous waste identified in
WAC
173-303-090
or
173-303-100:
(I) Mercury or cleanup residues resulting
from spills or leaks; and/or
(II)
Other solid waste generated as a result of the removal of mercury-containing
ampules or housings (for example, the remaining mercury-containing
device).
(B) If the
mercury, residues, and/or other solid waste exhibits a characteristic or
criteria of dangerous waste, it must be managed in compliance with all
applicable requirements of this chapter. The handler is considered the
generator of the mercury, residues, and/or other waste and must manage it in
compliance with WAC
173-303-170
through
173-303-230.
(C) If the mercury, residues, and/or other
solid waste is not dangerous, the handler may manage the waste in any way that
is in compliance with applicable federal, state or local solid waste
regulations.
(c) Universal waste lamps. A large quantity
handler of universal waste must manage universal waste lamps in a way that
prevents releases of any universal waste or component of a universal waste to
the environment, as follows:
(i) A large
quantity handler of universal waste must immediately clean up and place in a
container any universal waste lamps that show 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 lamps, and must lack evidence of leakage, spillage, or damage that could
cause leakage under reasonably foreseeable conditions;
(ii) A large quantity handler of universal
waste must minimize lamp breakage by accumulating lamps in containers or
packages that are structurally sound, adequate to prevent breakage, and
compatible with the contents of the lamps. The containers and packages must
remain closed and must lack evidence of leakage, spillage, or damage that could
cause leakage under reasonably foreseeable conditions;
(iii) A large quantity handler of universal
waste must store lamps accumulated in cardboard or fiber containers indoors,
meaning in a structure that prevents a container from being exposed to the
elements.
(21)
Labeling/marking.
A large quantity handler of universal waste must label or mark
the universal waste to identify the type of universal waste as specified
below:
(a) Universal waste batteries
(that is, each battery), or a container or tank in which the batteries are
contained, must be labeled or marked clearly with any one of the following
phrases: "Universal Waste-Battery(ies)," or "Waste Bat-tery(ies)," or "Used
Battery(ies);"
(b)
(i) Mercury-containing equipment (that is,
each device), or a container in which the equipment is contained, must be
labeled or marked clearly with any of the following phrases: "Universal
Waste-Mercury-Containing Equipment," or "Waste Mercury-Containing Equipment,"
or "Used Mercury-Containing Equipment."
(ii) A universal waste mercury-containing
thermostat or container containing only universal waste mercury-containing
thermostats may be labeled or marked clearly with any of the following phrases:
"Universal Waste-Mercury Thermo-stat(s)," "Waste Mercury Thermostat(s)," or
"Used Mercury Thermostat(s)."
(c) Universal waste lamp (that is, each
lamp), or a container in which the lamps are accumulated, must be labeled or
marked clearly with any one of the following phrases: "Universal Waste
Lamp(s)," or "Waste Lamp(s)," or "Used Lamp(s)."
(22)
Accumulation time limits.
(a) A large quantity handler of universal
waste may accumulate universal waste for no longer than one year from the date
the universal waste is generated, or received from another handler, unless the
requirements of (b) of this subsection are met.
(b) A large quantity handler of universal
waste may accumulate universal waste for longer than one year from the date the
universal waste is generated, or received from another handler, if such
activity is solely for the purpose of accumulation of such quantities of
universal waste as necessary to facilitate proper recovery, treatment, or
disposal. However, the handler bears the burden of proving that such activity
was solely for the purpose of accumulation of such quantities of universal
waste as necessary to facilitate proper recovery, treatment, or
disposal.
(c) A large quantity
handler of universal waste must be able to demonstrate the length of time that
the universal waste has been accumulated from the date it becomes a waste or is
received. The handler may make this demonstration by:
(i) Placing the universal waste in a
container and marking or labeling the container with the earliest date that any
universal waste in the container became a waste or was received;
(ii) Marking or labeling the individual item
of universal waste (for example, each battery, thermostat, mercury-containing
equipment, or lamp) with the date it became a waste or was received;
(iii) Maintaining an inventory system on site
that identifies the date the universal waste being accumulated became a waste
or was received;
(iv) Maintaining
an inventory system on site that identifies the earliest date that any
universal waste in a group of universal waste items or a group of containers of
universal waste became a waste or was received;
(v) Placing the universal waste in a specific
accumulation area and identifying the earliest date that any universal waste in
the area became a waste or was received; or
(vi) Any other method which clearly
demonstrates the length of time that the universal waste has been accumulated
from the date it becomes a waste or is received.
(23)
Employee training.
A large quantity handler of universal waste must ensure that
all employees are thoroughly familiar with proper waste handling and emergency
procedures, relative to their responsibilities during normal facility
operations and emergencies.
(24)
Response to releases.
(a) A large quantity handler of universal
waste must immediately contain all releases of universal wastes and other
residues from universal wastes.
(b)
A large quantity handler of universal waste must determine whether any material
resulting from the release is dangerous waste, and if so, must manage the
dangerous waste in compliance with all applicable requirements of this chapter.
The handler is considered the generator of the material resulting from the
release, and is subject to WAC
173-303-145
and
173-303-170
through
173-303-230.
(25)
Off-site
shipments.
(a) A large quantity
handler of universal waste is prohibited from sending or taking universal waste
to a place other than another universal waste handler, a destination facility,
or a foreign destination.
(b) If a
large quantity handler of universal waste self-transports universal waste off
site, the handler becomes a universal waste transporter for those
self-transportation activities and must comply with the transporter
requirements of subsections (28) through (34) of this section while
transporting the universal waste.
(c) If a universal waste being offered for
off-site transportation meets the definition of hazardous materials under 49
C.F.R. 171 through 180, a large quantity handler of universal waste must
package, label, mark and placard the shipment, and prepare the proper shipping
papers in accordance with the applicable Department of Transportation
regulations under 49 C.F.R. Parts 172 through 180;
(d) Prior to sending a shipment of universal
waste to another universal waste handler, the originating handler must ensure
that the receiving handler agrees to receive the shipment.
(e) If a large quantity handler of universal
waste sends a shipment of universal waste to another handler or to a
destination facility and the shipment is rejected by the receiving handler or
destination facility, the originating handler must either:
(i) Receive the waste back when notified that
the shipment has been rejected; or
(ii) Agree with the receiving handler on a
destination facility to which the shipment will be sent.
(f) A large quantity handler of universal
waste may reject a shipment containing universal waste, or a portion of a
shipment containing universal waste that they have received from another
handler. If a handler rejects a shipment or a portion of a shipment, they must
contact the originating handler to notify them of the rejection and to discuss
reshipment of the load. The handler must:
(i)
Send the shipment back to the originating handler; or
(ii) If agreed to by both the originating and
receiving handler, send the shipment to a destination facility.
(g) If a large quantity handler of
universal waste receives a shipment containing dangerous waste that is not a
universal waste, the handler must immediately notify the department of the
illegal shipment, and provide the name, address, and phone number of the
originating shipper. The department will provide instructions for managing the
dangerous waste.
(h) If a large
quantity handler of universal waste receives a shipment of nondangerous,
nonuniversal waste, the handler may manage the waste in any way that is in
compliance with applicable federal, state or local solid waste
regulations.
(26)
Tracking universal waste shipments.
(a) Receipt of shipments. A large quantity
handler of universal waste must keep a record of each shipment of universal
waste received at the facility. The record may take the form of a log, invoice,
manifest, bill of lading, movement document, or other shipping document. The
record for each shipment of universal waste received must include the following
information:
(i) The name and address of the
originating universal waste handler or foreign shipper from whom the universal
waste was sent;
(ii) The quantity
of each type of universal waste received (for example, batteries, thermostats,
mercury-containing equipment, or lamps);
(iii) The date of receipt of the shipment of
universal waste.
(b)
Shipments off site. A large quantity handler of universal waste must keep a
record of each shipment of universal waste sent from the handler to other
facilities. The record may take the form of a log, invoice, manifest, bill of
lading, movement document, or other shipping document. The record for each
shipment of universal waste sent must include the following information:
(i) The name and address of the universal
waste handler, destination facility, or foreign destination to whom the
universal waste was sent;
(ii) The
quantity of each type of universal waste sent (for example, batteries,
thermostats, mercury-containing equipment, or lamps);
(iii) The date the shipment of universal
waste left the facility.
(c) Record retention.
(i) A large quantity handler of universal
waste must retain the records described in (a) of this subsection for at least
three years from the date of receipt of a shipment of universal
waste.
(ii) A large quantity
handler of universal waste must retain the records described in (b) of this
subsection for at least three years from the date a shipment of universal waste
left the facility.
(27)
Exports.
A large quantity handler of universal waste who sends universal
waste to a foreign destination is subject to the requirements of 40 C.F.R. Part
262, Subpart H which is incorporated by reference at WAC
173-303-230.
(28)
Applicability -
Universal waste transporters. Subsections (28) through (34) of this
section apply to universal waste transporters (as defined in WAC
173-303-040
).
(29)
Prohibitions.
A universal waste transporter is:
(a)
Prohibited from disposing of universal waste; and
(b) Prohibited from diluting or treating
universal waste, except by responding to releases as provided in subsection
(32) of this section.
(30)
Waste management.
(a) A universal waste transporter must comply
with all applicable U.S. Department of Transportation regulations in 49 C.F.R.
Part 171 through 180 for transport of any universal waste that meets the
definition of hazardous material in
49 C.F.R.
171.8. For purposes of the Department of
Transportation regulations, a material is considered a dangerous waste if it is
subject to the Hazardous Waste Manifest Requirements of the U.S. Environmental
Protection Agency specified in WAC
173-303-180. Because
universal waste does not require a dangerous waste manifest, it is not
considered hazardous waste under the Department of Transportation
regulations.
(b) Some universal
waste materials are regulated by the Department of Transportation as hazardous
materials because they meet the criteria for one or more hazard classes
specified in
49
C.F.R. 173.2. As universal waste shipments do
not require a manifest under WAC
173-303-180, they may
not be described by the DOT proper shipping name "hazardous waste, (l) or (s),
n.o.s.," nor may the hazardous material's proper shipping name be modified by
adding the word "waste."
(31)
Storage time limits.
(a) A universal waste transporter may only
store the universal waste at a universal waste transfer facility for ten days
or less.
(b) If a universal waste
transporter stores universal waste for more than ten days, the transporter
becomes a universal waste handler and must comply with the applicable
requirements for small or large quantity handlers (subsections (6) through (27)
of this section) while storing the universal waste.
(32)
Response to releases.
(a) A universal waste transporter must
immediately contain all releases of universal wastes and other residues from
universal wastes.
(b) A universal
waste transporter must determine whether any material resulting from the
release is dangerous waste, and if so, it is subject to all applicable
requirements of this chapter. If the waste is determined to be a dangerous
waste, the transporter is subject to WAC
173-303-145
and
173-303-170
through
173-303-230.
(33)
Off-site shipments.
(a) A universal waste transporter is
prohibited from transporting the universal waste to a place other than a
universal waste handler, a destination facility, or a foreign
destination.
(b) If the universal
waste being shipped off site meets the Department of Transportation's
definition of hazardous materials under
49 C.F.R.
171.8, the shipment must be properly
described on a shipping paper in accordance with the applicable Department of
Transportation regulations under 49 C.F.R. Part 172.
(34)
Exports. A universal waste
transporter transporting a shipment of universal waste to a foreign destination
is subject to the requirements of 40 C.F.R. Part 262, Subpart H which is
incorporated by reference at WAC
173-303-230.
(35)
Applicability - Destination
facilities. Subsections (35) through (37) of this section apply to
destination facilities.
(a) The owner or
operator of a destination facility (as defined in WAC
173-303-040 ) is
subject to all applicable requirements of WAC
173-303-140
and
173-303-141,
173-303-280
through
173-303-525,
173-303-600
through
173-303-695,
173-303-800
through
173-303-840,
and the notification requirement at WAC
173-303-060;
or
(b) The owner or operator of a
destination facility that recycles a particular universal waste without storing
that universal waste before it is recycled must comply with WAC
173-303-120(4)(c).
(36)
Off-site shipments.
(a) The owner or operator of a destination
facility is prohibited from sending or taking universal waste to a place other
than a universal waste handler, another destination facility or foreign
destination.
(b) The owner or
operator of a destination facility may reject a shipment containing universal
waste, or a portion of a shipment containing universal waste. If the owner or
operator of the destination facility rejects a shipment or a portion of a
shipment, they must contact the shipper to notify them of the rejection and to
discuss reshipment of the load. The owner or operator of the destination
facility must:
(i) Send the shipment back to
the original shipper; or
(ii) If
agreed to by both the shipper and the owner or operator of the destination
facility, send the shipment to another destination
facility.
(c) If the
owner or operator of a destination facility receives a shipment containing
dangerous waste that is not a universal waste, the owner or operator of the
destination facility must immediately notify the department of the illegal
shipment, and provide the name, address, and phone number of the shipper. The
department will provide instructions for managing the dangerous
waste.
(d) If the owner or operator
of a destination facility receives a shipment of nondangerous, nonuniversal
waste, the owner or operator may manage the waste in any way that is in
compliance with applicable federal or state solid waste
regulations.
(37)
Tracking universal waste shipments.
(a) The owner or operator of a destination
facility must keep a record of each shipment of universal waste received at the
facility. The record may take the form of a log, invoice, manifest, bill of
lading, movement document, or other shipping document. The record for each
shipment of universal waste received must include the following information:
(i) The name and address of the universal
waste handler, destination facility, or foreign shipper from whom the universal
waste was sent;
(ii) The quantity
of each type of universal waste received (for example, batteries, thermostats,
mercury-containing equipment, or lamps);
(iii) The date of receipt of the shipment of
universal waste.
(b) The
owner or operator of a destination facility must retain the records described
in (a) of this subsection for at least three years from the date of receipt of
a shipment of universal waste.
(38)
Imports.
Persons managing universal waste that is imported from a
foreign country into the United States are subject to the applicable
requirements of 40 C.F.R. Part 262, Subpart H (as incorporated by reference at
WAC
173-303-230 )
and of this section, immediately after the waste enters the United States, as
indicated in (a) through (c) of this subsection:
(a) A universal waste transporter is subject
to the universal waste transporter requirements of subsections (28) through
(34) of this section.
(b) A
universal waste handler is subject to the small or large quantity handler of
universal waste requirements of subsections (6) through (27) of this section,
as applicable.
(c) An owner or
operator of a destination facility is subject to the destination facility
requirements of subsections (35) through (37) of this section.
(39)
General -
Petitions. Subsections (39) and (40) of this section address petitions
to include other wastes under this section.
(a) Except as provided in (d) of this
subsection, any person seeking to add a dangerous waste or a category of
dangerous waste to this section may petition for a regulatory amendment under
subsections (39) and (40) of this section and WAC
173-303-910(1) and
(7).
(b) To be successful, the petitioner must
demonstrate to the satisfaction of the department that regulation under the
universal waste regulations of this section is: Appropriate for the waste or
category of waste; will improve management practices for the waste or category
of waste; and will improve implementation of the dangerous waste program. The
petition must include the information required by WAC
173-303-910(1)(b).
The petition should also address as many of the factors listed in subsection
(40) of this section as are appropriate for the waste or waste category
addressed in the petition.
(c) The
department will evaluate petitions using the factors listed in subsection (40)
of this section. The department will grant or deny a petition using the factors
listed in subsection (40) of this section. The decision will be based on the
weight of evidence showing that regulation under this section is appropriate
for the waste or category of waste, will improve management practices for the
waste or category of waste, and will improve implementation of the dangerous
waste program.
(d) Dangerous waste
pharmaceuticals are regulated under WAC 173-303-555 and may not be added as a
category of dangerous waste for the management under this
section.
(40)
Factors for petitions to include other wastes under this section.
(a) The waste or category of waste, as
generated by a wide variety of generators, is listed in WAC
173-303-081
or
173-303-082,
or (if not listed) a proportion of the waste stream exhibits one or more
characteristics or criteria of dangerous waste identified in WAC
173-303-090
or
173-303-100.
(When a characteristic waste is added to the universal waste regulations of
this section by using a generic name to identify the waste category (for
example, batteries), the definition of universal waste in WAC
173-303-040 will be
amended to include only the dangerous waste portion of the waste category (for
example, dangerous waste batteries).) Thus, only the portion of the waste
stream that does exhibit one or more characteristics or criteria (that is, is
dangerous waste) is subject to the universal waste regulations of this
section;
(b) The waste or category
of waste is not exclusive to a specific industry or group of industries, is
commonly generated by a wide variety of types of establishments (including, for
example, households, retail and commercial businesses, office complexes,
conditionally exempt small quantity generators, small businesses, government
organizations, as well as large industrial facilities);
(c) The waste or category of waste is
generated by a large number of generators (for example, more than 1,000
nationally) and is frequently generated in relatively small quantities by each
generator;
(d) Systems to be used
for collecting the waste or category of waste (including packaging, marking,
and labeling practices) would ensure close stewardship of the waste;
(e) The risk posed by the waste or category
of waste during accumulation and transport is relatively low compared to other
dangerous wastes, and specific management standards proposed or referenced by
the petitioner (for example, waste management requirements appropriate to be
added to subsections (9), (20), and (30) of this section; and/or applicable
Department of Transportation requirements) would be protective of human health
and the environment during accumulation and transport;
(f) Regulation of the waste or category of
waste under this section will increase the likelihood that the waste will be
diverted from nondangerous waste management systems (for example, the municipal
waste stream, nondangerous industrial or commercial waste stream, municipal
sewer or storm-water systems) to recycling, treatment, or disposal in
compliance with the Hazardous Waste Management Act chapter 70.105 RCW, this
chapter, and RCRA Subtitle C.
(g)
Regulation of the waste or category of waste under this section will improve
implementation of and compliance with the dangerous waste regulatory program;
and/or
(h) Such other factors as
may be appropriate.
(41)
Applicability - Household and conditionally exempt small quantity
generator waste.
(a) Persons managing
the wastes listed below may, at their option, manage them under the
requirements of this section:
(i) Household
wastes that are exempt under WAC
173-303-071(3)(c)
and are also of the same type as the universal wastes defined at WAC
173-303-040;
and/or
(ii) Small quantity
generator wastes that are conditionally exempt under WAC
173-303-171
and are also of the same type as the universal wastes defined at WAC
173-303-040.
(b) Persons who commingle the wastes
described in (a)(i) and (ii) of this subsection together with universal waste
regulated under this section must manage the commingled waste under the
requirements of this section.
Statutory Authority:
Chapters
70.105 and
70.105D RCW. 09-14-105 (Order
07-12), § 173-303-573, filed 6/30/09, effective 7/31/09. Statutory
Authority:
Chapters
70.105,
70.105D, and
15.54 RCW and
RCW
70.105.007. 04-24-065 (Order 03-10), §
173-303-573, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), §
173-303-573, filed 5/10/00, effective 6/10/00. Statutory Authority:
Chapters
70.105 and
70.105D RCW. 98-03-018 (Order
97-03), § 173-303-573, filed 1/12/98, effective
2/12/98.