[27 Pa.B. 2889]
[Continued from previous Web Page] (b) A small quantity handler of universal waste may accumulate universal waste for longer than 1 year from the date the universal waste is generated or received from another handler if the activity is solely for the purpose of accumulation of the quantities of universal waste as necessary to facilitate proper recovery, treatment or disposal. The handler bears the burden of proving that the activity is solely for the purpose of accumulation of the 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 shall 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 either:
(1) 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.
(2) Marking or labeling each individual item of universal waste (for example, each battery or thermostat) with the date it became a waste or was received.
(3) Maintaining an inventory system onsite that identifies the date each universal waste became a waste or was received.
(4) Maintaining an inventory system onsite 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.
(5) 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.
(6) Another 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.
§ 266.216. Employe training.
A small quantity handler of universal waste shall inform employes who handle or have responsibility for managing universal waste. The information shall describe proper handling and emergency procedures appropriate to the type of universal waste handled at the facility.
§ 266.217. Response to releases.
(a) A small quantity handler of universal waste shall immediately contain all releases of universal wastes and other residues from universal wastes.
(b) A small quantity handler of universal waste shall determine whether material resulting from the release is hazardous waste, and if so, shall manage the hazardous waste in compliance with applicable requirements of Chapters 261--265 and Chapter 266, Subchapters C--I. The handler is considered the generator of the material resulting from the release, and shall manage it in compliance with Chapter 262 (relating to generators of hazardous waste).
§ 266.218. Offsite 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 offsite, the handler becomes a universal waste transporter for those self-transportation activities and shall comply with the transporter requirements of Subchapter M (relating to standards for universal waste transporters) while transporting the universal waste.
(c) If a universal waste being offered for offsite transportation meets the definition of hazardous materials under 49 CFR Parts 171--180 (relating to hazardous materials regulations), a small quantity handler of universal waste shall package, label, mark and placard the shipment, and prepare the proper shipping papers in accordance with the applicable United States Department of Transportation regulations under 49 CFR Parts 172--180.
(d) Prior to sending a shipment of universal waste to another universal waste handler, the originating handler shall 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 shall either:
(1) Receive the waste back when notified that the shipment has been rejected.
(2) 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 he has received from another handler. If a handler rejects a shipment or a portion of a shipment, the handler shall contact the originating handler to notify him of the rejection and to discuss reshipment of the load. The handler shall either:
(1) Send the shipment back to the originating handler.
(2) 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 hazardous waste that is not a universal waste, the handler shall immediately notify the appropriate regional Department office of the illegal shipment, and provide the name, address and phone number of the originating shipper. The regional office will provide instructions for managing the hazardous waste.
(h) If a small quantity handler of universal waste receives a shipment of nonhazardous, nonuniversal waste, the handler may manage the waste in any way that is in compliance with the applicable municipal or residual waste regulation.
§ 266.219. Tracking universal waste shipments.
A small quantity handler of universal waste is not required to keep records of shipments of universal waste.
§ 266.220. Exports.
A small quantity handler of universal waste who sends universal waste to a foreign destination shall:
(1) Comply with Chapter 262, Subchapter E (relating to exports of hazardous waste) and also the requirements applicable to a primary exporter in 40 CFR 262.53, 262.56(a)(1)--(4), (6) and (b) and 262.57 (relating notification of intent to export; annual reports; and recordkeeping).
(2) Export the universal waste only upon consent of the receiving country and in conformance with Chapter 262, Subchapter E.
(3) Provide to the Department a copy of the EPA acknowledgement of consent for the shipment to the transporter transporting the shipment for export.
Subchapter L. STANDARDS FOR LARGE QUANTITY HANDLERS OF UNIVERSAL WASTE Sec.
266.230. Applicability. 266.231. Prohibitions. 266.232. Notification. 266.233. Waste management. 266.234. Labeling/marking. 266.235. Accumulation time limits. 266.236. Employe training. 266.237. Response to releases. 266.238. Offsite shipments. 266.239. Tracking universal waste shipments. 266.240. Exports. § 266.230. Applicability.
(a) This subchapter applies to large quantity handlers of universal waste as defined in § 266.206 (relating to definitions).
(b) A large quantity handler of universal waste complying with this subchapter is deemed to have a permit for the storage of universal wastes.
§ 266.231. Prohibitions.
A large quantity handler of universal waste is prohibited from:
(1) Disposing of universal waste.
(2) Diluting or treating universal waste, except by responding to releases as provided in § 266.237 (relating to response to releases) or by managing specific wastes as provided in § 266.233 (relating to waste management).
§ 266.232. Notification.
(a) Notification requirements include:
(1) Except as provided in paragraphs (2) and (3), a large quantity handler of universal waste shall have sent written notification of universal waste management to the regional administrator of the EPA, and received an EPA identification number, before meeting or exceeding the 5,000 kilogram storage limit.
(2) A large quantity handler of universal waste who has already notified the EPA of hazardous waste management activities and has received an EPA identification number is not required to renotify the EPA under this section.
(3) A large quantity handler of universal waste who manages recalled universal waste pesticides as described in § 266.203(a)(1) (relating to applicability-pesticides) and who has sent notification to the EPA as required by 40 CFR Part 165 (relating to pesticide management and disposal: standards for pesticide containers and containment) is not required to notify EPA for those recalled universal waste pesticides under this section.
(b) This notification shall include:
(1) The universal waste handler's name and mailing address.
(2) 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.
(3) The address or physical location of the universal waste management activities.
(4) A list of all of the types of universal waste managed by the handler (for example, batteries, pesticides, thermostats).
(5) A statement indicating that the handler is accumulating more than 5,000 kilograms of universal waste at one time and the types of universal waste (for example, batteries, pesticides, thermostats) the handler is accumulating above this quantity.
§ 266.233. Waste management.
(a) 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 a 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 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.
(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, discarded consumer products) as a result of the activities listed in paragraph (2) shall determine whether the electrolyte or other solid waste exhibits a characteristic of hazardous waste identified in Chapter 261, Subchapter C (relating to characteristics of hazardous waste).
(i) If the electrolyte or other solid waste exhibits a characteristic of hazardous waste, it shall be managed in compliance with applicable requirements of Chapters 260--265, 267, 269 and 270. The handler is considered the generator of the hazardous electrolyte or other waste and is subject to Chapter 262 (relating to generators of hazardous waste).
(ii) If the electrolyte or other solid waste is not hazardous, the handler shall manage the waste in compliance with the applicable municipal or residual waste regulations.
(b) 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 paragraph (1), provided that the unacceptable container is overpacked in a container that does meet the requirements of paragraph (1).
(3) A tank that meets the requirements of Chapter 265, Subchapter J (relating to tanks), except for § 265.197(c) (relating to closure and postclosure care).
(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) A large quantity handler of universal waste shall manage universal waste thermostats 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 a universal waste thermostat 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 thermostat, and lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.
(2) A large quantity handler of universal waste may remove mercury-containing ampules from universal waste thermostats if the handler:
(i) Removes the ampules in a manner designed to prevent breakage of the ampules.
(ii) Removes ampules only over or in a containment device (for example, a tray or pan sufficient to contain mercury released from an ampule in case of breakage).
(iii) Ensures that a mercury clean-up system is readily available to immediately transfer mercury resulting from spills or leaks from broken ampules, from the containment device to a container that meets the requirements of § 262.34 (relating to accumulation).
(iv) Immediately transfers mercury resulting from spills or leaks from broken ampules from the containment device to a container that meets the requirements of § 262.34.
(v) Ensures that the area in which ampules are removed is well ventilated and monitored to ensure compliance with applicable Occupational Safety and Health Administration (OSHA) exposure levels for mercury.
(vi) Ensures that employes 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, nonleaking 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 large quantity handler of universal waste who removes mercury-containing ampules from thermostats shall determine:
(i) Whether the following exhibit a characteristic of hazardous waste identified in Chapter 261, Subchapter C (relating to characteristics of hazardous waste):
(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 (for example, remaining thermostat units).
(ii) If the mercury, residues or other solid waste exhibits a characteristic of hazardous waste, it shall be managed in compliance with applicable requirements of this article. The handler is considered the generator of the mercury, residues or other waste and is subject to Chapter 262 (relating to generators of hazardous waste).
(iii) If the mercury, residues or other solid waste is not hazardous, the handler shall manage the waste in compliance with applicable municipal or residual waste regulations.
(d) A large quantity handler of universal waste shall manage other universal wastes determined by the EPA to be universal wastes managed under 40 CFR Part 273 (relating to standards for universal waste management) according to the applicable requirements of 40 CFR Part 273.
§ 266.234. Labeling/marking.
A large quantity handler of universal waste shall label or mark the universal waste to identify the type of universal waste as specified as follows:
(1) Universal waste batteries (that is, each battery), or a container or tank in which the batteries are contained, shall be labeled or marked clearly with one of the following phrases: ''universal waste-battery(ies),'' or ''waste battery(ies)'' or ''used battery(ies).''
(2) A container (or multiple container package unit), tank, transport vehicle or vessel in which recalled universal waste pesticides as described in § 266.203(a)(1) (relating to applicability-pesticides) are contained shall be labeled or marked clearly with:
(i) The label that was on or accompanied the product as sold or distributed.
(ii) The words ''universal waste-pesticide(s)'' or ''waste- pesticide(s).''
(3) A container, tank or transport vehicle or vessel in which unused pesticide products as described in § 266.203(a)(2) are contained shall be labeled or marked clearly with:
(i) The label that was on the product when purchased, if still legible.
(ii) If not feasible, the appropriate label as required under the United States Department of Transportation regulations at 49 CFR Part 172 (relating to hazardous materials table, special provisions, hazardous materials communications, emergency response information, and training requirements), if using the labels described in subparagraph (i) is not feasible.
(iii) Another label prescribed or designated by the pesticide collection program approved by the Department of Agriculture or collection program of another state, if using the labels described in subparagraphs (i) and (ii) is not feasible.
(iv) The words ''universal waste-pesticide(s)'' or ''waste- pesticide(s).''
(4) Universal waste thermostats (that is, each thermostat), or a container or tank in which the thermostats are contained, shall be labeled or marked clearly with one of the following phrases: ''universal waste-mercury thermostat(s),'' or ''waste mercury thermostat(s)'' or ''used mercury thermostat(s).''
(5) A large quantity handler of universal waste shall label or mark other universal wastes determined by the EPA to be universal wastes managed under 40 CFR Part 273 (relating to standard universal waste management) according to the applicable requirements of 40 CFR Part 273.
§ 266.235. Accumulation time limits.
(a) A large quantity handler of universal waste may accumulate universal waste for no longer than 1 year from the date the universal waste is generated, or received from another handler, unless the requirements of subsection (b) are met.
(b) A large quantity handler of universal waste may accumulate universal waste for longer than 1 year from the date the universal waste is generated, or received from another handler, if the activity is solely for the purpose of accumulation of quantities of universal waste as necessary to facilitate proper recovery, treatment or disposal. The handler bears the burden of proving that the activity was solely for the purpose of accumulation of quantities of universal waste as necessary to facilitate proper recovery, treatment or disposal.
(c) A large quantity handler of universal waste shall 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:
(1) 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.
(2) Marking or labeling the individual item of universal waste (for example, each battery or thermostat) with the date it became a waste or was received.
(3) Maintaining an inventory system onsite that identifies the date the universal waste being accumulated became a waste or was received.
(4) Maintaining an inventory system onsite 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.
(5) 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.
(6) Another 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.
§ 266.236. Employe training.
A large quantity handler of universal waste shall ensure that employes are thoroughly familiar with proper waste handling and emergency procedures, relative to their responsibilities during normal facility operations and emergencies.
§ 266.237. Response to releases.
(a) A large quantity handler of universal waste shall immediately contain all releases of universal wastes and other residues from universal wastes.
(b) A large quantity handler of universal waste shall determine whether any material resulting from the release is hazardous waste, and if so, shall manage the hazardous waste in compliance with applicable requirements of Chapters 261--265 and Subchapters C--I. The handler is considered the generator of the material resulting from the release, and is subject to Chapter 262 (relating to generators of hazardous waste).
§ 266.238. Offsite 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 offsite, the handler becomes a universal waste transporter for those self-transportation activities and shall comply with the transporter requirements of Subchapter M (relating to standards for universal waste transporters) while transporting the universal waste.
(c) If a universal waste being offered for offsite transportation meets the definition of hazardous materials under 49 CFR Parts 171--180 (relating to hazardous materials regulations), a large quantity handler of universal waste shall package, label, mark and placard the shipment, and prepare the proper shipping papers in accordance with the applicable Department of Transportation regulations under 49 CFR Parts 172--180.
(d) Prior to sending a shipment of universal waste to another universal waste handler, the originating handler shall 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 shall either:
(1) Receive the waste back when notified that the shipment has been rejected.
(2) 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 he has received from another handler. If a handler rejects a shipment or a portion of a shipment, the handler shall contact the originating handler to notify him of the rejection and to discuss reshipment of the load. The handler shall:
(1) Send the shipment back to the originating handler.
(2) Send the shipment to a destination facility, if agreed to by both the originating and receiving handler.
(g) If a large quantity handler of universal waste receives a shipment containing hazardous waste that is not a universal waste, the handler shall 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 hazardous waste.
(h) If a large quantity handler of universal waste receives a shipment of nonhazardous, nonuniversal waste, the handler shall manage the waste in accordance with the applicable municipal or residual waste regulations.
§ 266.239. Tracking universal waste shipments.
(a) A large quantity handler of universal waste shall 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 or other shipping document. The record for each shipment of universal waste received shall include the following information:
(1) The name and address of the originating universal waste handler or foreign shipper from whom the universal waste was sent.
(2) The quantity of each type of universal waste received (for example, batteries, pesticides, thermostats).
(3) The date of receipt of the shipment of universal waste.
(b) A large quantity handler of universal waste shall 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 or other shipping document. The record for each shipment of universal waste sent shall include the following information:
(1) The name and address of the universal waste handler, destination facility or foreign destination to whom the universal waste was sent.
(2) The quantity of each type of universal waste sent (for example, batteries, pesticides, thermostats).
(3) The date the shipment of universal waste left the facility.
(c) Record retention is as follows:
(1) A large quantity handler of universal waste shall retain the records described in subsection (a) for at least 3 years from the date of receipt of a shipment of universal waste.
(2) A large quantity handler of universal waste shall retain the records described in subsection (b) for at least 3 years from the date a shipment of universal waste left the facility.
§ 266.240. Exports.
A large quantity handler of universal waste who sends universal waste to a foreign destination shall:
(1) Comply with §§ 262.53 and 262.55 (relating to notification of intent to export; and exception report) and the requirements applicable to primary exporters in 40 CFR 262.53, 262.56(a)(1)--(4), (6) and (b) and 262.57 (relating to notification of intent to export; annual reports; and recordkeeping).
(2) Export the universal waste only upon consent of the receiving country and in conformance with the EPA acknowledgment of consent as defined in 40 CFR Part 262, Subpart E (relating to exports of hazardous waste).
(3) Provide a copy of the EPA acknowledgment of consent for the shipment to the transporter transporting the shipment for export.
Subchapter M. STANDARDS FOR UNIVERSAL WASTE TRANSPORTERS Sec.
266.250. Applicability. 266.251. Prohibitions. 266.252. Waste management. 266.253. Storage time limits. 266.254. Response to releases. 266.255. Offsite shipments. 266.256. Exports. § 266.250. Applicability.
(a) This subchapter applies to universal waste management transporters as defined in § 266.206 (relating to definitions).
(b) A universal waste transporter complying with this subchapter is deemed to have a license for the transportation of universal wastes.
§ 266.251. Prohibitions.
A universal waste transporter is prohibited from:
(1) Disposing of universal waste.
(2) Diluting or treating universal waste, except by responding to releases as provided in § 266.254 (relating to response to releases).
§ 266.252. Waste management.
(a) A universal waste transporter shall comply with applicable United States Department of Transportation regulations in 49 CFR Parts 171--180 (relating to hazardous materials regulations) for transport of universal waste that meets the definition of hazardous material in 49 CFR 171.8 (relating to definitions and abbreviations). For purposes of the Department of Transportation regulations, a material is considered a hazardous waste if it is subject to the hazardous waste manifest requirements of the EPA specified in 40 CFR Part 262 (relating to standards applicable to generators of hazardous waste). Because universal waste does not require a hazardous waste manifest, it is not considered hazardous waste under the United States Department of Transportation regulations.
(b) Some universal waste materials are regulated by the United States Department of Transportation as hazardous materials because they meet the criteria for one or more hazard classes specified in 49 CFR 173.2 (relating to general requirements for shipments and packaging). As universal waste shipments do not require a manifest under 40 CFR Part 262, they may not be described by the United States Department of Transportation 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.''
§ 266.253. Storage time limits.
(a) A universal waste transporter may only store the universal waste at a universal waste transfer facility for 10 days or less.
(b) If a universal waste transporter stores universal waste for more than 10 days, the transporter becomes a universal waste handler and shall comply with the applicable requirements of Subchapter K or L (relating to standards for small quantity handlers of universal waste; and standards for large quantity handlers of universal waste) while storing the universal waste.
§ 266.254. Response to releases.
(a) A universal waste transporter shall immediately contain releases of universal wastes and other residues from universal wastes.
(b) A universal waste transporter shall determine whether any material resulting from the release is hazardous waste, and if so, it is subject to the applicable requirements of this article. If the waste is determined to be a hazardous waste, the transporter is subject to Chapter 262 (relating to generators of hazardous waste).
§ 266.255. Offsite 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 offsite meets the United States Department of Transportation's definition of hazardous materials under 49 CFR 171.8 (relating to definitions and abbreviations), the shipment shall be properly described on a shipping paper in accordance with the applicable United States Department of Transportation regulations under 49 CFR Part 172 (relating to hazardous materials table, special provisions, hazardous materials communications, emergency response information, and training requirements).
§ 266.256. Exports.
A universal waste transporter transporting a shipment of universal waste to a foreign destination may not accept a shipment if the transporter knows the shipment does not conform to the EPA acknowledgment of consent. The transporter shall ensure that:
(1) A copy of the EPA acknowledgment of consent ac- companies the shipment.
(2) The shipment is delivered to the facility designated by the person initiating the shipment.
Subchapter N. STANDARDS FOR DESTINATION FACILITIES Sec.
266.260. Applicability. 266.261. Offsite shipments. 266.262. Tracking universal waste shipments. § 266.260. Applicability.
The owner or operator of a destination facility, as defined in § 266.206 (relating to definitions), is subject to the applicable requirements of Chapters 264, 265, 269 and 270 and Subchapters C--I, as well as § 261.6 (relating to requirements for hazardous wastes that are recycled), and the notification requirements of § 261.41 (relating to notification of hazardous waste activities).
§ 266.261. Offsite 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, the owner or operator shall contact the shipper to notify the shipper of the rejection and to discuss reshipment of the load. The owner or operator of the destination facility shall either:
(1) Send the shipment back to the original shipper.
(2) Send the shipment to another destination facility, if agreed to by both the shipper and the owner or operator of the destination facility
(c) If the owner or operator of a destination facility receives a shipment containing hazardous waste that is not a universal waste, the owner or operator of the destination facility shall immediately notify the appropriate Department regional office of the illegal shipment, and provide the name, address and phone number of the shipper. The Department regional office will provide instructions for managing the hazardous waste.
(d) If the owner or operator of a destination facility receives a shipment of nonhazardous, nonuniversal waste, the owner or operator shall manage the waste in any way that is in compliance with the applicable municipal or residual waste regulations.
§ 266.262. Tracking universal waste shipments.
(a) The owner or operator of a destination facility shall 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 or other shipping document. The record for each shipment of universal waste received shall include the following information:
(1) The name and address of the universal waste handler, destination facility or foreign shipper from whom the universal waste was sent.
(2) The quantity of each type of universal waste received (for example, batteries, pesticides, thermostats).
(3) The date of receipt of the shipment of universal waste.
(b) The owner or operator of a destination facility shall retain the records described in subsection (a) for at least 3 years from the date of receipt of a shipment of universal waste.
Subchapter O. IMPORT REQUIREMENTS Sec.
266.270. Imports. § 266.270. Imports.
Persons managing universal waste that is imported from a foreign country into the United States are subject to the applicable requirements of this chapter, immediately after the waste enters this Commonwealth, as indicated as follows:
(1) A universal waste transporter is subject to the universal waste transporter requirements of Subchapter M (relating to standards for universal waste transporters).
(2) A universal waste handler is subject to the small or large quantity handler of universal waste requirements of Subchapter K or L (relating to standards for small quantity handlers of universal waste; and standards for large quantity handlers of universal waste), as applicable.
(3) An owner or operator of a destination facility is subject to the destination facility requirements of Subchapter N (relating to standards for destination facilities).
Subchapter P. PETITIONS TO INCLUDE OTHER WASTES UNDER CHAPTER 266 AS UNIVERSAL WASTE Sec.
266.280. General. 266.281. Factors for petitions to include other wastes under Chapter 266, Subchapters J--O. 266.282. Public notice and review of petitions. 266.283. Incorporation by reference. § 266.280. General.
(a) A person seeking to add a hazardous waste or a category of hazardous waste to Subchapters J--O may petition the Department for a regulatory amendment under this subchapter.
(b) To be successful, the petitioner shall demonstrate to the satisfaction of the Department and the EQB that regulation as a universal waste under this chapter is the following:
(1) Appropriate for the waste or category of waste.
(2) Will improve management practices for the waste or category of waste.
(3) Will improve implementation of the hazardous waste program.
(c) The petition shall include the following information:
(1) The petitioner's name and address.
(2) A statement of the petitioner's interest in the proposed action.
(3) A description of the proposed action, including proposed waste management practices.
(4) A statement of the need and justification for the proposed action, including supportive tests, studies or other information.
(5) The petition should also address as many of the factors listed in Subchapters J--O and this subchapter as are appropriate for the waste or waste category addressed in the petition.
(d) The petition will be processed and reviewed in accordance with § 266.282 (relating to public notice and review of petitions).
(e) The Department and the EQB will evaluate petitions using the factors listed in § 266.281 (relating to factors for petitions to include other waste under Chapter 266, Subchapters J--O). The decision will be based on the weight of evidence showing that regulation under Subchapters J--O 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 hazardous waste program.
§ 266.281. Factors for petitions to include other waste under Chapter 266, Subchapters J--O.
The following factors will be considered in evaluating petitions:
(1) The waste or category of waste, as generated by a wide variety of generators, as listed in Chapter 261, Subchapter D (relating to lists of hazardous waste), or if not listed a proportion of the waste stream exhibits one or more characteristics of hazardous waste identified in Chapter 261, Subchapter C (relating to characteristics of hazardous waste). When a characteristic waste is added to the universal waste regulations by using a generic name to identify the waste category (for example, batteries), the definition of ''universal waste'' in § 266.206 (relating to definitions) includes only the hazardous waste portion of the waste category (for example, hazardous waste batteries). Thus, only the portion of the waste stream that does exhibit one or more characteristics (that is, is hazardous waste) is subject to the universal waste regulations of this chapter.
(2) The waste or category of waste is not exclusive to a specific industry or group of industries and 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).
(3) 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.
(4) 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.
(5) The risk posed by the waste or category of waste during accumulation and transport is relatively low compared to other hazardous wastes, and specific management standards proposed or referenced by the petitioner or applicable United States Department of Transportation requirements would be protective of human health and the environment during accumulation and transport.
(6) Regulation of the waste or category of waste under this chapter will increase the likelihood that the waste will be diverted from nonhazardous waste management systems (for example, the municipal waste stream, residual waste stream, municipal sewer or stormwater systems) to hazardous waste recycling, treatment or disposal facilities in compliance with this article.
(7) Regulation of the waste or category of waste under this chapter will improve implementation of and compliance with the hazardous waste regulatory program.
(8) Other factors as may be appropriate.
§ 266.282. Public notice and review of petitions.
(a) The Department will publish notice of receipt of a petition for a regulatory amendment in the Pennsylvania Bulletin when the Department determines that the application is administratively complete.
(b) Interested persons may submit comments to the Department within 60 days of publication and may recommend conditions upon, revisions to, approval of or disapproval of the regulatory amendment.
§ 266.283. Incorporation by reference.
Any modification to the EPA universal waste rule, 40 CFR Part 273 (relating to standard universal waste management) is incorporated into this chapter and is effective on the date established by the Federal regulations, unless otherwise established by this chapter.
[Pa.B. Doc. No. 97-966. Filed for public inspection June 13, 1997, 9:00 a.m.]
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