Subpart A -- General
[TOP]
§273.1
Scope.
(a) This part establishes requirements for managing the following:
(1) Batteries as described in 40 CFR 273.2;
(2) Pesticides as described in §273.3;
(3) Thermostats as described in §273.4; and
(4) Lamps as described in §273.5.
(b) This part provides an alternative set of management standards in lieu of
regulation under 40 CFR parts 260 through 272.
[60 FR 25542, May 11, 1995, as amended at 64 FR 36488, July 6,
1999]
[TOP]
§273.2
Applicability -- batteries.
(a) Batteries covered under 40 CFR part 273. (1) The requirements of
this part apply to persons managing batteries, as described in §273.9, except
those listed in paragraph (b) of this section.
(2) Spent lead-acid batteries which are not managed under 40 CFR part 266,
subpart G, are subject to management under this part.
(b) Batteries not covered under 40 CFR part 273. The requirements of
this part do not apply to persons managing the following batteries:
(1) Spent lead-acid batteries that are managed under 40 CFR part 266, subpart
G.
(2) Batteries, as described in §273.9, that are not yet wastes under part 261
of this chapter, including those that do not meet the criteria for waste
generation in paragraph (c) of this section.
(3) Batteries, as described in §273.9, that are not hazardous waste. A
battery is a hazardous waste if it exhibits one or more of the characteristics
identified in part 261, subpart C of this chapter.
(c) Generation of waste batteries. (1) A used battery becomes a waste
on the date it is discarded (e.g., when sent for reclamation).
(2) An unused battery becomes a waste on the date the handler decides to
discard it.
[60 FR 25542, May 11, 1995, as amended at 64 FR 36488, July 6,
1999]
[TOP]
§273.3
Applicability -- pesticides.
(a) Pesticides covered under this part 273. The requirements of this
part apply to persons managing pesticides, as described in §273.9, meeting the
following conditions, except those listed in paragraph (b) of this section:
(1) Recalled pesticides that are:
(i) Stocks of a suspended and canceled pesticide that are part of a voluntary
or mandatory recall under FIFRA Section 19(b), including, but not limited to
those owned by the registrant responsible for conducting the recall; or
(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) Pesticides not covered under 40 CFR part 273. The requirements of
this part do not apply to persons managing the following pesticides:
(1) Recalled pesticides described in paragraph (a)(1) of this section, and
unused pesticide products described in paragraph (a)(2) of this section, that
are managed by farmers in compliance with 40 CFR 262.70. (40 CFR 262.70
addresses 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 40 CFR 261.7(b)(3));
(2) Pesticides not meeting the conditions set forth in paragraph (a) of this
section. These pesticides must be managed in compliance with the hazardous waste
regulations in 40 CFR parts 260 through 272;
(3) Pesticides that are not wastes under part 261 of this chapter, including
those that do not meet the criteria for waste generation in paragraph (c) of
this section or those that are not wastes as described in paragraph (d) of this
section; and
(4) Pesticides that are not hazardous waste. A pesticide is a hazardous waste
if it is listed in 40 CFR part 261, subpart D or if it exhibits one or more of
the characteristics identified in 40 CFR part 261, subpart C.
(c) When a pesticide becomes a waste. (1) A recalled pesticide
described in paragraph (a)(1) of this section 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; and
(ii) The person conducting the recall decides to discard (e.g., burn the
pesticide for energy recovery).
(2) An unused pesticide product described in paragraph (a)(2) of this section
becomes a waste on the date the generator decides to discard it.
(d) Pesticides that are not wastes. The following pesticides are not
wastes:
(1) Recalled pesticides described in paragraph (a)(1) of this section,
provided that the person conducting the recall:
(i) Has not made a decision to discard (e.g., burn for energy recovery) the
pesticide. Until such a decision is made, the pesticide does not meet the
definition of "solid waste" under 40 CFR 261.2; thus the pesticide is not a
hazardous waste and is not subject to hazardous waste requirements, including
this part 273. This pesticide remains subject to the requirements of FIFRA; or
(ii) Has made a decision to use a management option that, under 40 CFR 261.2,
does not cause the pesticide to be a solid waste (i.e., the selected option is
use (other than use constituting disposal) or reuse (other than burning for
energy recovery), or reclamation). Such a pesticide is not a solid waste and
therefore is not a hazardous waste, and is not subject to the hazardous waste
requirements including this part 273. 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 paragraph (a)(2) of this section,
if the generator of the unused pesticide product has not decided to discard
(e.g., burn for energy recovery) them. These pesticides remain subject to the
requirements of FIFRA.
[60 FR 25542, May 11, 1995, as amended at 64 FR 36488, July 6,
1999]
[TOP]
§273.4
Applicability -- mercury thermostats.
(a) Thermostats covered under this part 273. The requirements of this
part apply to persons managing thermostats, as described in §273.9, except those
listed in paragraph (b) of this section.
(b) Thermostats not covered under 40 CFR part 273. The requirements of
this part do not apply to persons managing the following thermostats:
(1) Thermostats that are not yet wastes under part 261 of this chapter.
Paragraph (c) of this section describes when thermostats become wastes.
(2) Thermostats that are not hazardous waste. A thermostat is a hazardous
waste if it exhibits one or more of the characteristics identified in 40 CFR
part 261, subpart C.
(c) Generation of waste thermostats. (1) A used thermostat becomes a
waste on the date it is discarded (e.g., sent for reclamation).
(2) An unused thermostat becomes a waste on the date the handler decides to
discard it.
[60 FR 25542, May 11, 1995, as amended at 64 FR 36488, July 6,
1999]
[TOP]
§273.5
Applicability -- lamps.
(a) Lamps covered under this part 273. The requirements of this part
apply to persons managing lamps as described in §273.9, except those listed in
paragraph (b) of this section.
(b) Lamps not covered under this part 273. The requirements of this
part do not apply to persons managing the following lamps:
(1) Lamps that are not yet wastes under part 261 of this chapter as provided
in paragraph (c) of this section.
(2) Lamps that are not hazardous waste. A lamp is a hazardous waste if it
exhibits one or more of the characteristics identified in part 261, subpart C of
this chapter.
(c) Generation of waste lamps. (1) A used lamp becomes a waste on the
date it is discarded.
(2) An unused lamp becomes a waste on the date the handler decides to discard
it.
[64 FR 36488, July 6, 1999]
[TOP]
§§273.6-273.7
[Reserved]
[TOP]
§273.8
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 part:
(1) Household wastes that are exempt under §261.4(b)(1) of this chapter and
are also of the same type as the universal wastes defined at §273.9; and/or
(2) Conditionally exempt small quantity generator wastes that are exempt
under §261.5 of this chapter and are also of the same type as the universal
wastes defined at §273.9.
(b) Persons who commingle the wastes described in paragraphs (a)(1) and
(a)(2) of this section together with universal waste regulated under this part
must manage the commingled waste under the requirements of this part.
[64 FR 36488, July 6, 1999]
[TOP]
§273.9
Definitions.
Battery means 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 such connections (electrical and mechanical)
as may be needed to allow the cell to deliver or receive electrical energy. The
term battery also includes an intact, unbroken battery from which the
electrolyte has been removed.
Destination facility means a facility that treats, disposes of, or
recycles a particular category of universal waste, except those management
activities described in §273.13 (a) and (c) and §273.33 (a) and (c). 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 means the Federal Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136-136y).
Generator means any person, by site, whose act or process produces
hazardous waste identified or listed in part 261 of this chapter or whose act
first causes a hazardous waste to become subject to regulation.
Lamp, also referred to as "universal waste lamp" is defined as the
bulb or tube portion of an electric lighting device. A lamp is specifically
designed to produce radiant energy, most often in the ultraviolet, visible, and
infra-red regions of the electromagnetic spectrum. Examples of common universal
waste electric lamps include, but are not limited to, fluorescent, high
intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide
lamps.
Large Quantity Handler of Universal Waste means a universal waste
handler (as defined in this section) who accumulates 5,000 kilograms or more
total of universal waste (batteries, pesticides, thermostats, or lamps,
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.
On-site means 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. Non-contiguous properties
owned by the same person but connected by a right-of-way which he controls and
to which the public does not have access, are also considered on-site property.
Pesticide means any substance or mixture of substances intended for
preventing, destroying, repelling, or mitigating any pest, or intended for use
as a plant regulator, defoliant, or desiccant, other than any article that:
(a) Is a new animal drug under FFDCA section 201(w), or
(b) 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, or
(c) Is an animal feed under FFDCA section 201(x) that bears or contains any
substances described by paragraph (a) or (b) of this section.
Small Quantity Handler of Universal Waste means a universal waste
handler (as defined in this section) who does not accumulate 5,000 kilograms or
more total of universal waste (batteries, pesticides, thermostats, or lamps,
calculated collectively) at any time.
Thermostat means 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 40 CFR 273.13(c)(2) or
273.33(c)(2).
Universal Waste means any of the following hazardous waste that are
subject to the universal waste requirements of this part 273:
(1) Batteries as described in §273.2
(2) Pesticides as described in §273.3
(3) Thermostats as described in §273.4; and
(4) Lamps as described in §273.5.
Universal Waste Handler:
(a) Means:
(1) A generator (as defined in this section) of universal waste; or
(2) 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.
(b) Does not mean:
(1) A person who treats (except under the provisions of 40 CFR 273.13 (a) or
(c), or 273.33 (a) or (c)), disposes of, or recycles universal waste; or
(2) A person engaged in the off-site transportation of universal waste by
air, rail, highway, or water, including a universal waste transfer facility.
Universal Waste Transfer Facility means 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 ten days or less.
Universal Waste Transporter means a person engaged in the off-site
transportation of universal waste by air, rail, highway, or water.
[60 FR 25542, May 11, 1995, as amended at 63 FR 71230, Dec. 24, 1998.
Redesignated and amended at 64 FR 36488, 36489, July 6,
1999]
Subpart B -- Standards for Small Quantity Handlers of Universal
Waste
[TOP]
§273.10
Applicability.
This subpart applies to small quantity handlers of universal waste (as
defined in 40 CFR 273.9).
[64 FR 36489, July 6, 1999]
[TOP]
§273.11
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 40 CFR 273.17; or by managing specific
wastes as provided in 40 CFR 273.13.
[TOP]
§273.12
Notification.
A small quantity handler of universal waste is not required to notify EPA of
universal waste handling activities.
[TOP]
§273.13
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:
(1) 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.
(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 must be immediately closed after removal):
(i) Sorting batteries by type;
(ii) Mixing battery types in one container;
(iii) Discharging batteries so as to remove the electric charge;
(iv) Regenerating used batteries;
(v) Disassembling batteries or battery packs into individual batteries or
cells;
(vi) Removing batteries from consumer products; or
(vii) Removing electrolyte from batteries.
(3) A small quantity handler of universal waste who removes electrolyte from
batteries, or who generates other solid waste (e.g., 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 of hazardous waste identified in 40 CFR part 261, subpart C.
(i) If the electrolyte and/or other solid waste exhibit a characteristic of
hazardous waste, it is subject to all applicable requirements of 40 CFR parts
260 through 272. The handler is considered the generator of the hazardous
electrolyte and/or other waste and is subject to 40 CFR part 262.
(ii) If the electrolyte or other solid waste is not hazardous, the handler
may manage the waste in any way that is in compliance with applicable federal,
state or local solid waste regulations.
(b) Universal waste pesticides. A small quantity handler of universal
waste must manage universal waste pesticides in a way that prevent releases of
any universal waste or component of a universal waste to the environment. The
universal waste pesticides must 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; or
(2) A container that does not meet the requirements of paragraph (b)(1) of
this Section, provided that the unacceptable container is overpacked in a
container that does meet the requirements of paragraph (b)(1) of this Section;
or
(3) A tank that meets the requirements of 40 CFR part 265 subpart J, except
for 40 CFR 265.197(c), 265.200, and 265.201; or
(4) A transport vehicle or vessel that is closed, structurally sound,
compatible with the pesticide, and that lacks evidence of leakage, spillage, or
damage that could cause leakage under reasonably foreseeable conditions.
(c) Universal waste thermostats. A small quantity handler of universal
waste must 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 must 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 must be closed, structurally sound, compatible with the contents of
the thermostat, and must 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 provided 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 (e.g., tray or pan
sufficient to collect and contain any mercury released from an ampule in case of
breakage);
(iii) Ensures that a mercury clean-up system is readily available to
immediately transfer any mercury resulting from spills or leaks from broken
ampules, from the containment device to a container that meets the requirements
of 40 CFR 262.34;
(iv) Immediately transfers any mercury resulting from spills or leaks from
broken ampules from the containment device to a container that meets the
requirements of 40 CFR 262.34;
(v) Ensures that the area in which ampules are removed is well ventilated and
monitored to ensure compliance with applicable OSHA exposure levels for mercury;
(vi) Ensures that employees removing ampules are thoroughly familiar with
proper waste mercury handling and emergency procedures, including transfer of
mercury from containment devices to appropriate containers;
(vii) Stores removed ampules in closed, non-leaking containers that are in
good condition;
(viii) Packs removed ampules in the container with packing materials adequate
to prevent breakage during storage, handling, and transportation; and
(3)(i) A small quantity handler of universal waste who removes
mercury-containing ampules from thermostats must determine whether the following
exhibit a characteristic of hazardous waste identified in 40 CFR part 261,
subpart C:
(A) Mercury or clean-up residues resulting from spills or leaks; and/or
(B) Other solid waste generated as a result of the removal of
mercury-containing ampules (e.g., remaining thermostat units).
(ii) If the mercury, residues, and/or other solid waste exhibit a
characteristic of hazardous waste, it must be managed in compliance with all
applicable requirements of 40 CFR parts 260 through 272. The handler is
considered the generator of the mercury, residues, and/or other waste and must
manage it is subject to 40 CFR part 262.
(iii) If the mercury, residues, and/or other solid waste is not hazardous,
the handler may manage the waste in any way that is in compliance with
applicable federal, state or local solid waste regulations.
(d) Lamps. A small quantity handler of universal waste must manage
lamps in a way that prevents releases of any universal waste or component of a
universal waste to the environment, as follows:
(1) A small quantity handler of universal waste must contain any lamp in
containers or packages that are structurally sound, adequate to prevent
breakage, and compatible with the contents of the lamps. Such containers and
packages must remain closed and must lack evidence of leakage, spillage or
damage that could cause leakage under reasonably foreseeable conditions.
(2) A small quantity handler of universal waste must immediately clean up and
place in a container any lamp that is broken and must place in a container any
lamp that shows evidence of breakage, leakage, or damage that could cause the
release of mercury or other hazardous constituents to the environment.
Containers 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 or releases of mercury or other hazardous constituents to the
environment under reasonably foreseeable conditions.
[60 FR 25542, May 11, 1995, as amended at 64 FR 36489, July 6,
1999]
[TOP]
§273.14
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 (i.e., 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
Battery(ies)," or "Used Battery(ies);"
(b) A container, (or multiple container package unit), tank, transport
vehicle or vessel in which recalled universal waste pesticides as described in
40 CFR 273.3(a)(1) are contained must be labeled or marked clearly with:
(1) The label that was on or accompanied the product as sold or distributed;
and
(2) The words "Universal Waste-Pesticide(s)" or "Waste-Pesticide(s);"
(c) A container, tank, or transport vehicle or vessel in which unused
pesticide products as described in 40 CFR 273.3(a)(2) are contained must be
labeled or marked clearly with:
(1)(i) The label that was on the product when purchased, if still legible;
(ii) If using the labels described in paragraph (c)(1)(i) of this section is
not feasible, the appropriate label as required under the Department of
Transportation regulation 49 CFR part 172;
(iii) If using the labels described in paragraphs (c)(1) (i) and (ii) of this
section is not feasible, another label prescribed or designated by the waste
pesticide collection program administered or recognized by a state; and
(2) The words "Universal Waste-Pesticide(s)" or "Waste-Pesticide(s)."
(d) Universal waste thermostats (i.e., each thermostat), or a container in
which the thermostats are contained, must be labeled or marked clearly with any
one of the following phrases: "Universal Waste -- Mercury Thermostat(s)," or
"Waste Mercury Thermostat(s)," or "Used Mercury Thermostat(s)".
(e) Each lamp or a container or package in which such lamps are contained
must be labeled or marked clearly with one of the following phrases: "Universal
Waste -- Lamp(s)," or "Waste Lamp(s)," or "Used Lamp(s)".
[60 FR 25542, May 11, 1995, as amended at 64 FR 36489, July 6,
1999]
[TOP]
§273.15
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
paragraph (b) of this section 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:
(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 (e.g., each
battery or thermostat) with the date it became a waste or was received;
(3) Maintaining an inventory system on-site that identifies the date each
universal waste became a waste or was received;
(4) 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;
(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; or
(6) 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.
[TOP]
§273.16
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.
[TOP]
§273.17
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 hazardous waste, and if so, must manage
the hazardous waste in compliance with all applicable requirements of 40 CFR
parts 260 through 272. The handler is considered the generator of the material
resulting from the release, and must manage it in compliance with 40 CFR part
262.
[TOP]
§273.18
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 subpart D of this part while transporting the universal waste.
(c) If a universal waste being offered for off-site transportation meets the
definition of hazardous materials under 49 CFR 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 CFR 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:
(1) Receive the waste back when notified that the shipment has been rejected,
or
(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, he must contact the originating handler to notify
him of the rejection and to discuss reshipment of the load. The handler must:
(1) Send the shipment back to the originating handler, or
(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 must
immediately notify the appropriate regional EPA office of the illegal shipment,
and provide the name, address, and phone number of the originating shipper. The
EPA regional office will provide instructions for managing the hazardous waste.
(h) If a small quantity handler of universal waste receives a shipment of
non-hazardous, non-universal waste, the handler may manage the waste in any way
that is in compliance with applicable federal, state or local solid waste
regulations.
[TOP]
§273.19
Tracking universal waste shipments.
A small quantity handler of universal waste is not required to keep records
of shipments of universal waste.
[TOP]
§273.20
Exports.
A small quantity handler of universal waste who sends universal waste to a
foreign destination other than to those OECD countries specified in 40 CFR
262.58(a)(1) (in which case the handler is subject to the requirements of 40 CFR
part 262, subpart H) must:
(a) Comply with the requirements applicable to a primary exporter in 40 CFR
262.53, 262.56(a) (1) through (4), (6), and (b) and 262.57;
(b) Export such universal waste only upon consent of the receiving country
and in conformance with the EPA Acknowledgement of Consent as defined in subpart
E of part 262 of this chapter; and
(c) Provide a copy of the EPA Acknowledgment of Consent for the shipment to
the transporter transporting the shipment for export.
[60 FR 25542, May 11, 1995, as amended at 61 FR 16315, Apr. 12,
1996]
Subpart C -- Standards for Large Quantity Handlers of Universal
Waste
[TOP]
§273.30
Applicability.
This subpart applies to large quantity handlers of universal waste (as
defined in §273.9).
[64 FR 36489, July 6, 1999]
[TOP]
§273.31
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 40 CFR 273.37; or by managing specific
wastes as provided in 40 CFR 273.33.
[TOP]
§273.32
Notification.
(a)(1) Except as provided in paragraphs (a) (2) and (3) of this section, a
large quantity handler of universal waste must have sent written notification of
universal waste management to the Regional Administrator, 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 EPA
of his hazardous waste management activities and has received an EPA
Identification Number is not required to renotify under this section.
(3) A large quantity handler of universal waste who manages recalled
universal waste pesticides as described in 40 CFR 273.3(a)(1) and who has sent
notification to EPA as required by 40 CFR part 165 is not required to notify for
those recalled universal waste pesticides under this section.
(b) This notification must 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 the types of universal waste managed by the handler (e.g.,
batteries, pesticides, thermostats, lamps);
(5) A statement indicating that the handler is accumulating more than 5,000
kg of universal waste at one time and the types of universal waste (e.g.,
batteries, pesticides, thermostats, and lamps) the handler is accumulating above
this quantity.
[60 FR 25542, May 11, 1995, as amended at 64 FR 36489, July 6,
1999]
[TOP]
§273.33
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:
(1) 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.
(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 must be immediately closed after removal):
(i) Sorting batteries by type;
(ii) Mixing battery types in one container;
(iii) Discharging batteries so as to remove the electric charge;
(iv) Regenerating used batteries;
(v) Disassembling batteries or battery packs into individual batteries or
cells;
(vi) Removing batteries from consumer products; or
(vii) Removing electrolyte from batteries.
(3) A large quantity handler of universal waste who removes electrolyte from
batteries, or who generates other solid waste (e.g., 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 of hazardous waste identified in 40 CFR part 261, subpart C.
(i) If the electrolyte and/or other solid waste exhibit a characteristic of
hazardous waste, it must be managed in compliance with all applicable
requirements of 40 CFR parts 260 through 272. The handler is considered the
generator of the hazardous electrolyte and/or other waste and is subject to 40
CFR part 262.
(ii) If the electrolyte or other solid waste is not hazardous, the handler
may manage the waste in any way that is in compliance with applicable federal,
state or local solid waste regulations.
(b) Universal waste pesticides. A large quantity handler of universal
waste must 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 must 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; or
(2) A container that does not meet the requirements of paragraph (b)(1) of
this section, provided that the unacceptable container is overpacked in a
container that does meet the requirements of paragraph (b)(1) of this section;
or
(3) A tank that meets the requirements of 40 CFR part 265 subpart J, except
for 40 CFR 265.197(c), 265.200, and 265.201; or
(4) A transport vehicle or vessel that is closed, structurally sound,
compatible with the pesticide, and that lacks evidence of leakage, spillage, or
damage that could cause leakage under reasonably foreseeable conditions.
(c) Universal waste thermostats. A large quantity handler of universal
waste must 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 must 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 must be closed, structurally sound, compatible with the contents of
the thermostat, and must 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 provided 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 (e.g., tray or pan
sufficient to contain any mercury released from an ampule in case of breakage);
(iii) Ensures that a mercury clean-up system is readily available to
immediately transfer any mercury resulting from spills or leaks from broken
ampules, from the containment device to a container that meets the requirements
of 40 CFR 262.34;
(iv) Immediately transfers any mercury resulting from spills or leaks from
broken ampules from the containment device to a container that meets the
requirements of 40 CFR 262.34;
(v) Ensures that the area in which ampules are removed is well ventilated and
monitored to ensure compliance with applicable OSHA exposure levels for mercury;
(vi) Ensures that employees removing ampules are thoroughly familiar with
proper waste mercury handling and emergency procedures, including transfer of
mercury from containment devices to appropriate containers;
(vii) Stores removed ampules in closed, non-leaking containers that are in
good condition;
(viii) Packs removed ampules in the container with packing materials adequate
to prevent breakage during storage, handling, and transportation; and
(3)(i) A large quantity handler of universal waste who removes
mercury-containing ampules from thermostats must determine whether the following
exhibit a characteristic of hazardous waste identified in 40 CFR part 261,
subpart C:
(A) Mercury or clean-up residues resulting from spills or leaks; and/or
(B) Other solid waste generated as a result of the removal of
mercury-containing ampules (e.g., remaining thermostat units).
(ii) If the mercury, residues, and/or other solid waste exhibit a
characteristic of hazardous waste, it must be managed in compliance with all
applicable requirements of 40 CFR parts 260 through 272. The handler is
considered the generator of the mercury, residues, and/or other waste and is
subject to 40 CFR part 262.
(iii) If the mercury, residues, and/or other solid waste is not hazardous,
the handler may manage the waste in any way that is in compliance with
applicable federal, state or local solid waste regulations.
(d) Lamps. A large quantity handler of universal waste must manage
lamps in a way that prevents releases of any universal waste or component of a
universal waste to the environment, as follows:
(1) A large quantity handler of universal waste must contain any lamp in
containers or packages that are structurally sound, adequate to prevent
breakage, and compatible with the contents of the lamps. Such containers and
packages must remain closed and must lack evidence of leakage, spillage or
damage that could cause leakage under reasonably foreseeable conditions.
(2) A large quantity handler of universal waste must immediately clean up and
place in a container any lamp that is broken and must place in a container any
lamp that shows evidence of breakage, leakage, or damage that could cause the
release of mercury or other hazardous constituents to the environment.
Containers 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 or releases of mercury or other hazardous constituents to the
environment under reasonably foreseeable conditions.
[60 FR 25542, May 11, 1995, as amended at 64 FR 36489, July 6,
1999]
[TOP]
§273.34
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 (i.e., each battery), or a container or tank in
which the batteries are contained, must be labeled or marked clearly with the
any one of the following phrases: "Universal Waste -- Battery(ies)," or "Waste
Battery(ies)," or "Used Battery(ies);"
(b) A container (or multiple container package unit), tank, transport vehicle
or vessel in which recalled universal waste pesticides as described in 40 CFR
273.3(a)(1) are contained must be labeled or marked clearly with:
(1) The label that was on or accompanied the product as sold or distributed;
and
(2) The words "Universal Waste -- Pesticide(s)" or "Waste -- Pesticide(s);"
(c) A container, tank, or transport vehicle or vessel in which unused
pesticide products as described in 40 CFR 273.3(a)(2) are contained must be
labeled or marked clearly with:
(1)(i) The label that was on the product when purchased, if still legible;
(ii) If using the labels described in paragraph (c)(1)(i) of this section is
not feasible, the appropriate label as required under the Department of
Transportation regulation 49 CFR part 172;
(iii) If using the labels described in paragraphs (c) (1)(i) and (1)(ii) of
this section is not feasible, another label prescribed or designated by the
pesticide collection program; and
(2) The words "Universal Waste -- Pesticide(s)" or "Waste -- Pesticide(s)."
(d) Universal waste thermostats (i.e., each thermostat), or a container or
tank in which the thermostats are contained, must be labeled or marked clearly
with any one of the following phrases: "Universal Waste -- Mercury
Thermostat(s)," or "Waste Mercury Thermostat(s)," or "Used Mercury
Thermostat(s).
(e) Each lamp or a container or package in which such lamps are contained
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)".
[60 FR 25542, May 11, 1995, as amended at 64 FR 36489, July 6,
1999]
[TOP]
§273.35
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
paragraph (b) of this section 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:
(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 (e.g., each
battery or thermostat) with the date it became a waste or was received;
(3) Maintaining an inventory system on-site that identifies the date the
universal waste being accumulated became a waste or was received;
(4) 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;
(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; or
(6) 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.
[TOP]
§273.36
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.
[TOP]
§273.37
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 hazardous waste, and if so, must manage
the hazardous waste in compliance with all applicable requirements of 40 CFR
parts 260 through 272. The handler is considered the generator of the material
resulting from the release, and is subject to 40 CFR part 262.
[TOP]
§273.38
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 subpart D of this part while transporting the universal waste.
(c) If a universal waste being offered for off-site transportation meets the
definition of hazardous materials under 49 CFR 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 CFR 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:
(1) Receive the waste back when notified that the shipment has been rejected,
or
(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, he must contact the originating handler to notify
him of the rejection and to discuss reshipment of the load. The handler must:
(1) Send the shipment back to the originating handler, or
(2) 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 hazardous waste that is not a universal waste, the handler must
immediately notify the appropriate regional EPA office of the illegal shipment,
and provide the name, address, and phone number of the originating shipper. The
EPA regional office will provide instructions for managing the hazardous waste.
(h) If a large quantity handler of universal waste receives a shipment of
non-hazardous, non-universal waste, the handler may manage the waste in any way
that is in compliance with applicable federal, state or local solid waste
regulations.
[TOP]
§273.39
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, or
other shipping document. The record for each shipment of universal waste
received must 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 (e.g., batteries,
pesticides, thermostats);
(3) 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 or other shipping document. The record for each shipment of universal
waste sent must 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 (e.g., batteries,
pesticides, thermostats);
(3) The date the shipment of universal waste left the facility.
(c) Record retention. (1) A large quantity handler of universal waste
must retain the records described in paragraph (a) of this section for at least
three years from the date of receipt of a shipment of universal waste.
(2) A large quantity handler of universal waste must retain the records
described in paragraph (b) of this section for at least three years from the
date a shipment of universal waste left the facility.
[TOP]
§273.40
Exports.
A large quantity handler of universal waste who sends universal waste to a
foreign destination other than to those OECD countries specified in 40 CFR
262.58(a)(1) (in which case the handler is subject to the requirements of 40 CFR
part 262, subpart H) must:
(a) Comply with the requirements applicable to a primary exporter in 40 CFR
262.53, 262.56(a)(1) through (4), (6), and (b) and 262.57;
(b) Export such universal waste only upon consent of the receiving country
and in conformance with the EPA Acknowledgement of Consent as defined in subpart
E of part 262 of this chapter; and
(c) Provide a copy of the EPA Acknowledgement of Consent for the shipment to
the transporter transporting the shipment for export.
[60 FR 25542, May 11, 1995, as amended at 61 FR 16316, Apr. 12,
1996]
Subpart D -- Standards for Universal Waste
Transporters
[TOP]
§273.50
Applicability.
This subpart applies to universal waste transporters (as defined in §273.9).
[64 FR 36490, July 6, 1999]
[TOP]
§273.51
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 40 CFR 273.54.
[TOP]
§273.52
Waste management.
(a) A universal waste transporter must comply with all applicable U.S.
Department of Transportation regulations in 49 CFR part 171 through 180 for
transport of any universal waste that meets the definition of hazardous material
in 49 CFR 171.8. 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 U.S. Environmental Protection Agency specified in
40 CFR part 262. Because universal waste does not require a hazardous 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 CFR 173.2. As universal waste shipments do
not require a manifest under 40 CFR 262, 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".
[TOP]
§273.53
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 of subparts B or C of this part while storing the
universal waste.
[TOP]
§273.54
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 hazardous waste, and if so, it is subject to all
applicable requirements of 40 CFR parts 260 through 272. If the waste is
determined to be a hazardous waste, the transporter is subject to 40 CFR part
262.
[TOP]
§273.55
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 CFR 171.8, the
shipment must be properly described on a shipping paper in accordance with the
applicable Department of Transportation regulations under 49 CFR part 172.
[TOP]
§273.56
Exports.
A universal waste transporter transporting a shipment of universal waste to a
foreign destination other than to those OECD countries specified in 40 CFR
262.58(a)(1) (in which case the transporter is subject to the requirements of 40
CFR part 262, subpart H) may not accept a shipment if the transporter knows the
shipment does not conform to the EPA Acknowledgment of Consent. In addition the
transporter must ensure that:
(a) A copy of the EPA Acknowledgment of Consent accompanies the shipment; and
(b) The shipment is delivered to the facility designated by the person
initiating the shipment.
[60 FR 25542, May 11, 1995, as amended at 61 FR
16316]
Subpart E -- Standards for Destination Facilities
[TOP]
§273.60
Applicability.
(a) The owner or operator of a destination facility (as defined in §273.9) is
subject to all applicable requirements of parts 264, 265, 266, 268, 270, and 124
of this chapter, and the notification requirement under section 3010 of RCRA.
(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 40 CFR 261.6(c)(2).
[60 FR 25542, May 11, 1995, as amended at 64 FR 36490, July 6,
1999]
[TOP]
§273.61
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, he must contact the shipper to notify him of the
rejection and to discuss reshipment of the load. The owner or operator of the
destination facility must:
(1) Send the shipment back to the original shipper, or
(2) 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 a 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 must immediately notify the appropriate regional EPA
office of the illegal shipment, and provide the name, address, and phone number
of the shipper. The EPA regional office will provide instructions for managing
the hazardous waste.
(d) If the owner or operator of a destination facility receives a shipment of
non-hazardous, non-universal waste, the owner or operator may manage the waste
in any way that is in compliance with applicable federal or state solid waste
regulations.
[TOP]
§273.62
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, or other shipping
document. The record for each shipment of universal waste received must 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 (e.g., batteries,
pesticides, thermostats);
(3) 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 paragraph (a) of this section for at least three years from the
date of receipt of a shipment of universal waste.
Subpart F -- Import Requirements
[TOP]
§273.70
Imports.
Persons managing universal waste that is imported from a foreign country into
the United States are subject to the applicable requirements of this part,
immediately after the waste enters the United States, as indicated in paragraphs
(a) through (c) of this section:
(a) A universal waste transporter is subject to the universal waste
transporter requirements of subpart D of this part.
(b) A universal waste handler is subject to the small or large quantity
handler of universal waste requirements of subparts B or C, as applicable.
(c) An owner or operator of a destination facility is subject to the
destination facility requirements of subpart E of this part.
(d) Persons managing universal waste that is imported from an OECD country as
specified in 40 CFR 262.58(a)(1) are subject to paragraphs (a) through (c) of
this section, in addition to the requirements of 40 CFR part 262, subpart H.
[60 FR 25542, May 11, 1995, as amended at 61 FR
16316]
Subpart G -- Petitions to Include Other Wastes Under 40 CFR Part
273
[TOP]
§273.80
General.
(a) Any person seeking to add a hazardous waste or a category of hazardous
waste to this part may petition for a regulatory amendment under this subpart
and 40 CFR 260.20 and 260.23.
(b) To be successful, the petitioner must demonstrate to the satisfaction of
the Administrator that regulation under the universal waste regulations of 40
CFR part 273 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. The petition must include the
information required by 40 CFR 260.20(b). The petition should also address as
many of the factors listed in 40 CFR 273.81 as are appropriate for the waste or
waste category addressed in the petition.
(c) The Administrator will evaluate petitions using the factors listed in 40
CFR 273.81. The Administrator will grant or deny a petition using the factors
listed in 40 CFR 273.81. The decision will be based on the weight of evidence
showing that regulation under 40 CFR part 273 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.
[TOP]
§273.81
Factors for petitions to include other wastes under 40 CFR
part 273.
(a) The waste or category of waste, as generated by a wide variety of
generators, is listed in subpart D of part 261 of this chapter, or (if not
listed) a proportion of the waste stream exhibits one or more characteristics of
hazardous waste identified in subpart C of part 261 of this chapter. (When a
characteristic waste is added to the universal waste regulations of this part
273 by using a generic name to identify the waste category (e.g., batteries),
the definition of universal waste in §260.10 of this chapter and §273.9 will be
amended to include only the hazardous waste portion of the waste category (e.g.,
hazardous waste batteries).) Thus, only the portion of the waste stream that
does exhibit one or more characteristics (i.e., is hazardous waste) is subject
to the universal waste regulations of this part 273;
(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 (e.g., 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 hazardous wastes, and specific
management standards proposed or referenced by the petitioner (e.g., waste
management requirements appropriate to be added to 40 CFR 273.13, 273.33, and
273.52; 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 40 CFR part 273 will
increase the likelihood that the waste will be diverted from non-hazardous waste
management systems (e.g., the municipal waste stream, non-hazardous industrial
or commercial waste stream, municipal sewer or stormwater systems) to recycling,
treatment, or disposal in compliance with Subtitle C of RCRA.
(g) Regulation of the waste or category of waste under 40 CFR part 273 will
improve implementation of and compliance with the hazardous waste regulatory
program; and/or
(h) Such other factors as may be appropriate.
[60 FR 25542, May 11, 1995, as amended at 64 FR 36490, July 6,
1999]