[26 Pa.B. 3801]
[Continued from previous Web Page]
CHAPTER 262. GENERATORS OF HAZARDOUS WASTE
Subchapter A. GENERAL § 262.10. Scope.
(a) This chapter establishes standards for a generator of hazardous waste identified in Chapter 261 (relating to criteria, identification and listing of hazardous waste) who is located in this Commonwealth. [A generator who is located outside this Commonwealth and whose hazardous waste is designated for treatment, storage or disposal in this Commonwealth shall be subject to the requirements of this chapter, except §§ 262.34, 262.45, 262.46 and 262.70. Small quantity generators identified in § 261.5 (relating to special requirements for hazardous waste generated by small quantity generators), are subject only to the requirements of § 262.11 and Subchapter B (relating to hazardous waste determination; and manifest).] Section 261.5(c) and (d) (relating to special requirements for wastes generated by conditionally exempt small quantity generators) shall be used to determine the applicability of provisions of this chapter that are dependent on calculations of the quantity of hazardous waste generated per month.
* * * * * § 262.11. Hazardous waste determination.
(a) A person or municipality who generates a solid waste as defined in section 103 of the act (35 P. S. § 6018.103) shall determine if that waste is a hazardous waste using the following procedures:
(1) The generator shall first determine if the waste is excluded from regulation under § 261.4 (relating to exclusions) or subject to the special requirements under § 261.5 (relating to special requirements for hazardous waste generated by conditionally exempt small quantity generators), or to be managed as a universal waste under the special requirements of Chapter 266 (relating to special standards for the management of certain hazardous waste activities and universal waste management).
* * * * *
CHAPTER 264. NEW AND EXISTING HAZARDOUS WASTE
MANAGEMENT FACILITIES APPLYING FOR A PERMIT
Subchapter A. General § 264.1. Scope.
* * * * * (c) The requirements of this chapter do not apply to the following:
* * * * * (10) Universal waste handlers and universal waste transporters as defined in § 266.206 (relating to definitions) handling the wastes listed in this paragraph. These persons are subject to regulation under Chapter 266 (relating to special standards for the management of certain hazardous waste activities and universal waste management) when managing the following listed universal wastes:
(i) Batteries as described in § 266.202 (relating to applicability--batteries).
(ii) Pesticides in § 266.203 (relating to applicability--pesticides).
(iii) Thermostats as described in § 266.204 (relating to applicability--mercury thermostats).
(iv) Other hazardous wastes or categories of hazardous waste determined by EPA to be universal wastes regulated under 40 CFR Part 273 (relating to standards for management of universal wastes).
(v) Other wastes or categories of hazardous waste determined by the Department to be universal wastes in accordance with Chapter 266, Subchapter P (relating to petitions to include other wastes under Chapter 266 as universal waste) to be universal wastes.
* * * * *
CHAPTER 265. INTERIM STATUS STANDARDS FOR HAZARDOUS WASTE MANAGEMENT FACILITIES AND PERMIT PROGRAM FOR NEW AND EXISTING HAZARDOUS WASTE MANAGEMENT FACILITIES
Subchapter A. GENERAL § 265.1. Scope.
* * * * * (c) This section does not apply to the following:
* * * * * (11) Universal waste handlers and universal waste transporters as defined in § 266.206 (relating to definitions) handling the wastes listed in this paragraph. These persons are subject to regulation under Chapter 266 (relating to special standards for the management of certain hazardous waste activities and universal waste management) when handling the following listed universal wastes.
(i) Batteries as described in § 266.202 (relating to applicability--batteries).
(ii) Pesticides as described in § 266.203 (relating to applicability--pesticides).
(iii) Thermostats as described in § 266.204 (relating to applicability--mercury thermostats).
(iv) Other hazardous wastes which may be determined by EPA to be universal wastes regulated under 40 CFR Part 273 (relating to standards for management of universal wastes).
(v) Other wastes or categories of hazardous waste determined by the Department in accordance with Chapter 266, Subchapter P (relating to petitions to include other wastes under Chapter 266 as universal waste).
* * * * *
CHAPTER 266. SPECIAL STANDARDS FOR THE MANAGEMENT OF CERTAIN HAZARDOUS WASTE ACTIVITIES AND UNIVERSAL WASTE MANAGEMENT
Subchapter G. RECLAIMED SPENT LEAD-ACID BATTERIES § 266.80. Applicability and requirements.
(a) This section applies to persons who reclaim (including regeneration) spent lead-acid batteries. Persons who generate, transport or collect intact spent lead-acid batteries, who regenerate spent batteries, or who store intact spent batteries, but do not reclaim them (other than spent batteries that are to be regenerated) are not subject to Chapters [262] 260--265, 267, 269 and 270 or the notification requirements of § 261.41 (relating to notification of hazardous waste activities).
(b) Owners or operators of facilities that store spent lead-acid batteries before reclaiming them (other than spent batteries that are to be regenerated) shall be deemed to have a hazardous waste storage permit and are subject to the following requirements:
* * * * * (Editor's Note: The following Subchapters J--P are proposed to be added. They are printed in regular type to enhance readability.)
Subchapter J. GENERAL Sec.
266.201. Scope. 266.202. Applicability--batteries. 266.203. Applicability--pesticides. 266.204. Applicability--mercury thermostats. 266.205. Applicability--household and conditionally exempt small quantity generator waste. 266.206. Definitions. § 266.201. Scope.
(a) This subchapter and Subchapters K--P establish requirements for managing the following:
(1) Batteries as described in § 266.202 (relating to applicability--batteries).
(2) Pesticides as described in § 266.203 (relating to applicability--pesticides).
(3) Thermostats as described in § 266.204 (relating to applicability--mercury thermostats).
(4) Other hazardous wastes which may be determined universal wastes through the petition process as described in Subchapter P (relating to petitions to include other wastes under Chapter 266 as universal waste).
(b) This subchapter and Subchapters K--P provide an alternative set of management standards in lieu of regulation under the remainder of this article.
§ 266.202. Applicability--batteries.
(a) Batteries covered under this subchapter and Subchapters K--P include the following:
(1) The requirements of these sections apply to persons managing batteries, as described in § 266.206 (relating to definitions), except those listed in subsection (b).
(2) Spent lead-acid batteries which are not managed under Subchapter G (relating to reclaimed spent lead-acid batteries), are subject to management under this subchapter and Subchapters K--P.
(b) The requirements of this subchapter and Subchapters K--P do not apply to persons managing the following batteries:
(1) Spent lead-acid batteries that are managed under Subchapter G.
(2) Batteries, as described in § 266.206 that are not yet wastes under 40 CFR 261.2, including those that do not meet the criteria for waste generation in subsection (c).
(3) Batteries, as described in § 266.206, that are not hazardous waste. A battery is a hazardous waste if it exhibits one or more of the characteristics identified in Chapter 261, Subchapter C (relating to characteristics of hazardous waste).
(c) Generation of waste batteries shall be as follows:
(1) A used battery becomes a waste on the date it is discarded (for example, when sent for reclamation).
(2) An unused battery becomes a waste on the date the handler decides to discard it.
§ 266.203. Applicability--pesticides.
(a) The requirements of this subchapter and Subchapters K--P apply to persons managing pesticides, as described in § 266.206 (relating to definitions), meeting the following conditions, except those listed in subsection (b):
(1) Recalled pesticides that are either:
(i) Stocks of a suspended or cancelled pesticide that are part of a voluntary or mandatory recall under FIFRA section 19(b) (7 U.S.C.A. § 137(y)), including but not limited to those owned by the registrant responsible for conducting the recall.
(ii) Stocks of a suspended or cancelled pesticide, or a pesticide that is not in compliance with FIFRA that are part of a voluntary recall by the registrant.
(2) Stocks of other unused pesticide products that are collected and managed as part of a waste pesticide collection program.
(b) The requirements of this chapter do not apply to persons managing the following pesticides:
(1) Recalled pesticides described in subsection (a)(1), and unused pesticide products described in subsection (a)(2) that are managed by farmers in compliance with § 262.70 (relating to farmers). Section 262.70 refers to pesticides disposed of on the farmer's own farm in a manner consistent with the disposal instructions on the pesticide label, providing the container is triple rinsed in accordance with § 261.7 (relating to empty containers) (Editor's Note: Section 261.7 was proposed to be added at 25 Pa.B. 4917 (November 11, 1995.)
(2) Pesticides not meeting the conditions set forth in subsection (a). These pesticides shall be managed in compliance with the hazardous waste regulations in the remainder of this article.
(3) Pesticides that are not wastes under 40 CFR Parts 260 and 261 (relating to definitions and requests for determination; and criteria, identification and listing of hazardous waste), including those that do not meet the criteria for waste generation in subsection (c) or those that are not wastes as described in subsection (d).
(4) Pesticides that are not hazardous waste. A pesticide is a hazardous waste if it is listed in 40 CFR Part 261 Subpart D as incorporated by reference in Chapter 261, Subchapter D (relating to lists of hazardous waste) or if it exhibits one or more of the characteristics identified in Chapter 261, Subchapter C (relating to characteristics of hazardous waste).
(c) When a pesticide becomes a waste:
(1) A recalled pesticide described in subsection (a)(1) becomes a waste on the first date on which both of the following conditions apply:
(i) The generator of the recalled pesticide agrees to participate in the recall.
(ii) The person conducting the recall decides to discard (for example, burn the pesticide for energy recovery).
(2) An unused pesticide product described in subsection (a)(2) becomes a waste on the date the generator decides to discard it.
(d) The following pesticides are not wastes:
(1) Recalled pesticides described in subsection (a)(1), provided that the person conducting the recall either:
(i) Has not made a decision to discard (for example, burn for energy recovery) the pesticide under 40 CFR 261.2 (relating to definition of solid waste). Until such a decision is made, the pesticide does not meet the definition of ''solid waste'' under 40 CFR 261.2. The pesticide is not a hazardous waste and is not subject to hazardous waste requirements, including this subchapter and Subchapters K--P. This pesticide remains subject to the requirements of FIFRA.
(ii) Has made a decision to use a management option that does not cause the pesticide to be a solid waste under 40 CFR 261.2. That is, the selected option is use (other than use constituting disposal) or reuse (other than burning for energy recovery), or reclamation. The pesticide is not a solid waste under 40 CFR 261.2. The pesticide is not a waste, and is not subject to the hazardous waste requirements including this chapter. This pesticide, including a recalled pesticide that is exported to a foreign destination for use or reuse, remains subject to the requirements of FIFRA.
(2) Unused pesticide products described in subsection (a)(2), if the generator of the unused pesticide product has not decided to discard (for example, burn for energy recovery) them. These pesticides remain subject to the requirements of FIFRA.
§ 266.204. Applicability--mercury thermostats.
(a) The requirements of this subchapter and Subchapters K--P apply to persons managing thermostats, as described in § 266.206 (relating to definitions), except those listed in subsection (b).
(b) The requirements of this chapter do not apply to persons managing the following thermostats:
(1) Thermostats that are not yet wastes under 40 CFR 261.2 (relating to definition of solid waste).
(2) Thermostats that are not hazardous waste. A thermostat is a hazardous waste if it exhibits one or more of the characteristics identified in Subchapter C (relating to characteristics of hazardous waste).
(c) Generation of waste thermostats is as follows:
(1) A used thermostat becomes a waste on the date it is discarded (for example, sent for reclamation).
(2) An unused thermostat becomes a waste on the date the handler decides to discard it.
§ 266.205. 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:
(1) Household wastes that are exempt under § 261.4(a)(6) (relating to exclusions) and are also of the same type as the universal wastes defined at § 266.206 (relating to definitions).
(2) Conditionally exempt small quantity generator wastes that are exempt under § 261.5 (relating to special requirements for hazardous waste generated by conditionally exempt small quantity generators) and are also of the same type as the universal wastes defined at § 266.206.
(b) Persons who commingle the wastes described in subsection (a) together with universal waste regulated under this chapter shall manage the commingled waste under the requirements of this chapter.
§ 266.206. Definitions.
The following words and terms when used in this subchapter and Subchapters K--O, have the following meanings, unless the context clearly indicates otherwise:
Battery--A device consisting of one or more electrically connected electrochemical cells which is designed to receive, store and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode and an electrolyte, plus connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term also includes an intact, unbroken battery from which the electrolyte has been removed.
Destination facility--A facility that treats, disposes of, or recycles a particular category of universal waste, except management activities described in subsections (a) and (c) of §§ 266.213 and 266.233 (relating to waste management). A facility at which a particular category of universal waste is only accumulated is not a destination facility for purposes of managing that category of universal waste.
FIFRA--The Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.A. §§ 136--136(y)).
Generator--A person, by site, whose act or process produces hazardous waste identified or listed in Chapter 261 (relating to criteria, identification and listing of hazardous waste) or whose act first causes a hazardous waste to become subject to regulation.
Large quantity handler of universal waste--A universal waste handler (as defined in this section) who accumulates 5,000 kilograms or more total of universal waste (batteries, pesticides or thermostats, calculated collectively) at any time. This designation as a large quantity handler of universal waste is retained through the end of the calendar year in which 5,000 kilograms or more total of universal waste is accumulated.
Onsite--The same or geographically contiguous property which may be divided by public or private right-of-way, provided that the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along the right-of-way. The term includes noncontiguous properties owned by the same person but connected by a right-of-way which that person controls and to which the public does not have access.
Pesticide--A substance or mixture of substances intended for preventing, destroying, repelling or mitigating a pest, or intended for use as plant regulator, defoliant or desiccant, other than an article that:
(i) Is a new animal drug under section 201(w) of the Federal Food, Drug and Cosmetic Act (21 U.S.C.A. § 321(w)).
(ii) Is an animal drug that has been determined by regulation of the Secretary of Health and Human Services not to be a new animal drug.
(iii) Is an animal feed under section 201(x) of the Federal Food, Drug and Cosmetic Act (21 U.S.C.A. § 321(x)), that bears or contains substances described by subparagraph (i) or (ii).
Small quantity handler of universal waste--A universal waste handler (as defined in this section) who does not accumulate more than 5,000 kilograms total of universal waste (batteries, pesticides, or thermostats, calculated collectively) at any time.
Thermostat--A temperature control device that contains metallic mercury in an ampule attached to a bimetal sensing element, and mercury-containing ampules that have been removed from these temperature control devices in compliance with the requirements of § 266.213(c)(2) or § 266.233(c)(2) (relating to waste management).
Universal waste--Any of the following hazardous wastes that are subject to the universal waste requirements of this subchapter and Subchapters K--P:
(i) Batteries as described in § 266.202 (relating to applicability--batteries).
(ii) Pesticides as described in § 266.203 and (relating to applicability--pesticides).
(iii) Thermostats as described in § 266.204 (relating to applicability--mercury thermostats).
(iv) Other hazardous wastes or categories of hazardous wastes determined to be a universal waste by EPA under 40 CFR Part 273 (relating to standards for universal waste management).
(v) Other hazardous wastes or categories of hazardous wastes determined by the Department in accordance with Subchapter P (relating to petitions to include other wastes under Chapter 266 as universal wastes) to be a universal waste.
Universal waste handler:
(i) The term means either:
(A) A generator (as defined in this section) of universal waste.
(B) The owner or operator of a facility, including all contiguous property, that receives universal waste from other universal waste handlers, accumulates universal waste and sends universal waste to another universal waste handler, to a destination facility or to a foreign destination.
(ii) The term does not mean:
(A) A person who treats (except under the provisions of § 266.213(a) or (c) or § 266.233(a) or (c) (relating to waste management)), disposes of, or recycles universal waste.
(B) A person engaged in the offsite transportation of universal waste by air, rail, highway or water, including a universal waste transfer facility.
Universal waste transfer facility--Any transportation-related facility, including loading docks, parking areas, storage areas and other similar areas where shipments of universal waste are held during the normal course of transportation for 10 days or less.
Universal waste transporter--A person engaged in the offsite transportation of universal waste by air, rail, highway or water.
Subchapter K. STANDARDS FOR SMALL QUANTITY HANDLERS OF UNIVERSAL WASTE Sec.
266.210. Applicability. 266.211. Prohibitions. 266.212. Notification. 266.213. Waste management. 266.214. Labeling/marking. 266.215. Accumulation time limits. 266.216. Employe training. 266.217. Response to releases. 266.218. Offsite shipments. 266.219. Tracking universal waste shipments. 266.220. Exports. § 266.210. Applicability.
(a) This subchapter applies to small quantity handlers of universal waste as defined in § 266.206 (relating to definitions).
(b) A small quantity handler of universal waste complying with the requirements of this subchapter is deemed to have a permit for the storage of universal wastes.
§ 266.211. Prohibitions.
A small quantity handler of universal waste is:
(1) Prohibited from disposing of universal waste.
(2) Prohibited from diluting or treating universal waste, except by responding to releases as provided in § 266.217 (relating to response to releases); or managing specific wastes as provided in § 266.213 (relating to waste management).
§ 266.212. Notification.
A small quantity handler of universal waste is not required to notify the Department or the EPA of universal waste handling activities.
§ 266.213. Waste management.
(a) Universal waste batteries. A small 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 small 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 lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.
(2) A small quantity handler of universal waste may conduct the following activities as long as the casing of each individual battery cell is not breached and remains intact and closed (except that cells may be opened to remove electrolyte but 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, individual batteries or cells.
(vi) Removing batteries from consumer products.
(vii) Removing electrolyte from batteries.
(3) A small 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 characteristics 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 is subject to all applicable requirements of this article. 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 may manage the waste in any way that is in compliance with the applicable municipal or residual waste regulations.
(b) Universal waste pesticides. A small 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) Universal waste thermostats. A small 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 small quantity handler of universal waste shall contain any 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 small 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 collect and 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 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 small quantity handler of universal waste who removes mercury-containing ampules from thermostats shall determinate whether:
(i) The following exhibit a characteristic of hazardous waste identified in Chapter 261, Subchapter C:
(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 exhibit a characteristic of hazardous waste, it shall be managed in compliance with all 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 may manage the waste in any way that is in compliance with the applicable municipal or residual waste regulations.
(d) Department determination. A small quantity handler of universal waste shall manage other universal wastes determined by the Department to be universal wastes under Subchapter P (relating to petitions to include other wastes under Chapter 266 as universal waste) according to the applicable requirements set by the Department in the determination.
(e) EPA determination. A small quantity handler of universal waste shall manage other universal wastes determined by 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.
§ 266.214. Labeling/marking.
A small 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 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 ''user 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 the following:
(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) The appropriate label as required under the United States Department of Transportation regulation 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 paragraph (1) is not feasible.
(iii) Another label prescribed or designated by the waste pesticide collection program administered or recognized by the Department of Agriculture or collection program of another state, if using the labels described in paragraphs (1) and (2) 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 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 ''user mercury thermostat(s).''
(5) A small quantity handler of universal waste shall label or mark other universal wastes determined by the Department to be universal wastes under Subchapter P (relating to petitions to include other wastes under Chapter 266 as universal waste) according to the applicable requirements set by the Department in the determination.
(6) A small quantity handler of universal waste shall label or mark other universal wastes determined by 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.
§ 266.215. Accumulation time limits.
(a) A small 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 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 such 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 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 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 all applicable requirements of this article. 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.
(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.
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