[27 Pa.B. 2889]
[Continued from previous Web Page] (e) All quantities of acute hazardous waste are subject to Chapters 262--266 and 270 if a generator generates acute hazardous waste in a calendar month in quantities greater than the following:
(1) A total of 1 kilogram of acute hazardous wastes listed in § 261.31, § 261.32 or § 261.33(4) (relating to list of hazardous waste from nonspecific sources; list of hazardous waste from specific sources; and waste commercial chemical products, off-specification species, containers, container residues and spill residues thereof).
(2) A total of 100 kilograms of any residue or contaminated soil, waste or other debris resulting from the cleanup of a spill, into or on any land or water, of acute hazardous wastes listed in § 261.31, § 261.32 or § 261.33(4).
(f) For acute hazardous wastes generated by a generator of acute hazardous wastes in quantities equal to or less than those set forth in subsection (e) to be excluded from this section, the generator shall comply with the following requirements:
(1) Section 262.11 (relating to hazardous waste determination).
(2) The generator may accumulate acute hazardous waste onsite. If the generator accumulates at any time acute hazardous wastes in quantities greater than those in subsection (e), all of those accumulated wastes are subject to Chapters 262--266 and 270. The time period established in § 262.34(a) (relating to accumulation) for accumulation of wastes onsite begins when the accumulated wastes exceed the applicable exclusion limit.
(3) The conditionally exempt small quantity generator may either treat or dispose of acute hazardous waste generated onsite at an onsite facility or ensure delivery to an offsite treatment, storage or disposal facility, either of which, if located in the United States, is:
(i) Permitted under Chapter 270 (relating to permit program) if the facility is located within this Commonwealth.
(ii) In interim status under Chapter 265 (relating to interim status standards for hazardous waste management facilities and permit program for new and existing hazardous waste management facilities) and Chapter 270 if the facility is located within this Commonwealth.
(iii) Authorized to manage hazardous waste by a state with a hazardous waste management program approved under 40 CFR Part 271 (relating to requirements for authorization of state hazardous waste programs).
(iv) Permitted, licensed or registered by another state to manage municipal or industrial solid waste, or, if a conditionally exempt small quantity generator's wastes are mixed with waste oil and the mixture is to be recycled or reused, it may be transported, stored or processed under Article VIII (relating to municipal waste) or Article IX (relating to residual waste).
(v) A facility which meets one or more of the following conditions:
(A) Beneficially uses or reuses, or legitimately recycles or reclaims its waste.
(B) Treats its waste prior to beneficial use or reuse, or legitimate recycling or reclamation.
(vi) A universal waste handler or destination facility subject to the requirements of Chapter 266, Subchapters J--P, if the waste is a universal waste managed under Chapter 266, Subchapters J--P.
(g) For hazardous waste generated by a conditionally exempt small quantity generator in quantities of less than 100 kilograms of hazardous waste during a calendar month to be excluded from full regulation under this section, the generator shall comply with the following requirements:
(1) Section 262.11.
(2) The conditionally exempt small quantity generator may accumulate hazardous waste onsite. If the conditionally exempt small quantity generator accumulates at any time more than a total of 1,000 kilograms of hazardous wastes which were generated onsite, all of those accumulated wastes are subject to regulation under the special provisions of Chapter 262 (relating to generators of hazardous waste) applicable to generators of between 100 kilograms and 1,000 kilograms of hazardous waste in a calendar month as well as the requirements of Chapters 263--266 and 270. The time period established in § 262.34(e) (relating to accumulation) for accumulation of wastes onsite begins for a conditionally exempt small quantity generator when the accumulated wastes exceed 1,000 kilograms.
(3) The conditionally exempt small quantity generator may either treat or dispose of hazardous waste generated onsite at an onsite facility or ensure delivery to an offsite treatment, storage or disposal facility, either of which, if located in the United States, is one or more of the following:
(i) Permitted under Chapter 270.
(ii) In interim status under Chapters 265 and 270.
(iii) Authorized to manage hazardous waste by a state with a hazardous waste management program approved under 40 CFR Part 271.
(iv) Permitted, licensed or registered by another state to manage municipal or industrial solid waste, or, if a conditionally exempt small quantity generator's wastes are mixed with waste oil and the mixture is to be recycled or reused, it may be transported, stored or processed under Article VIII or Article IX.
(v) A facility which meets one or more of the following conditions:
(A) Beneficially uses or reuses, or legitimately recycles or reclaims its waste.
(B) Treats its waste prior to beneficial use or reuse, or legitimate recycling or reclamation.
(vi) A universal waste handler or destination facility subject to the requirements of Chapter 266, if the waste is a universal waste managed under Chapter 266, Subchapters J--P.
(h) Hazardous waste subject to the reduced requirements of this section may be mixed with nonhazardous waste and remain subject to these reduced requirements even though the resultant mixture exceeds the quantity limitations identified in this section, unless the mixture meets any of the characteristics of hazardous waste identified in Subchapter C (relating to characteristics of hazardous waste).
(i) If a person mixes a solid waste with a hazardous waste that exceeds a quantity exclusion level of this section, the mixture is subject to full regulation.
(j) If a conditionally exempt small quantity generator's wastes are mixed with waste oil, the mixture is subject to Chapter 266, Subchapter E (relating to waste oil burned for energy recovery), if it is destined to be burned for energy recovery. A material produced from such a mixture by processing, blending or other treatment is also so regulated if it is destined to be burned for energy recovery.
(Editor's Note: Section 261.8 has been omitted to retain parallelism with the Federal numbering system.)
§ 261.9. Requirements for universal waste.
The wastes listed in this section are exempt from regulation under Chapters 262--270 except as specified in Chapter 266 (relating to special standards for the management of certain hazardous waste activities and universal waste management) and, therefore are not fully regulated as hazardous waste. The wastes listed in this section are subject to regulation under Chapter 266:
(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-thermostats).
(4) Other hazardous wastes or categories of hazardous waste determined by the EPA to be universal wastes regulated under 40 CFR Part 273 (relating to standards for management of universal wastes).
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. 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.
(b) A generator who treats, stores or disposes of hazardous waste at a permitted onsite facility or an onsite facility being treated as having been issued a permit shall comply with applicable requirements of Chapters 264 and 265 (relating to new and existing hazardous waste management facilities applying for a permit; and interim status standards for hazardous waste management facilities and permit program for new and existing hazardous waste management facilities) and with the following in this chapter:
(1) Section 262.11 (relating to hazardous waste determination).
(2) Section 262.12 (relating to identification numbers).
(3) Section 262.34 (relating to accumulation).
(4) Section 262.40 (relating to recordkeeping).
(5) Section 262.41(b) (relating to biennial report).
(6) Section 262.43 (relating to additional reporting).
(7) Section 262.45 (relating to hazardous waste disposal plan).
(8) Section 262.46 (relating to hazardous waste discharges or spills).
(c) A farmer who generates waste pesticides which are hazardous wastes and who complies with the requirements of § 262.70 (relating to farmers), is not required to comply with Chapters 264 and 265 with respect to the pesticides.
(d) An owner or operator who initiates a shipment of hazardous waste from a treatment, storage or disposal facility shall comply with the generator standards established in this chapter.
(e) A household hazardous waste collection contractor under section 1512 of the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. § 400.1512) is a generator of the hazardous wastes collected and shall comply with the requirements of this chapter.
(f) Used oil collection site operators who are not transporters, marketers or burners are not generators. Used oil collection contractors under section 1512 of the Municipal Waste Planning, Recycling and Waste Reduction Act who manage hazardous waste oils are generators.
§ 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).
(2) The generator shall then determine if the waste is listed as a hazardous waste in Chapter 261, Subchapter D (relating to lists of hazardous wastes), contains a waste listed in Chapter 261, Subchapter D or is derived from a waste listed in Chapter 261, Subchapter D.
(3) For purposes of compliance with 40 CFR Part 268 (relating to land disposal restrictions), or if the waste is not listed in Chapter 261, Subchapter D, the person shall determine whether the waste material is identified in Chapter 261, Subchapter C (relating to characteristics of hazardous waste), by either:
(i) Testing the waste according to the methods in Chapter 261 (relating to criteria, identification and listing of hazardous waste) or according to an equivalent method approved by the Department under § 260.21 (relating to requests for determination of equivalent testing or analytical methods).
(ii) Applying knowledge of the hazard characteristic of the waste in light of the materials or the processes used.
(4) The generator shall determine if a spill or accidental discharge is subject to the reporting requirements of § 262.46 (relating to hazardous waste discharges or spills) and shall comply with § 262.46, except § 262.46(e), for a spill or accidental discharge.
(b) If a waste is listed as a hazardous waste in, contains a waste listed in, or is derived from a waste listed in Chapter 261, Subchapter D, a generator's waste can be declared nonhazardous if the generator can demonstrate to the Department in accordance with § 260.22 (relating to delisting procedures) that the waste from the generator's particular facility or operation is not a hazardous waste.
(c) If the waste is determined to be nonhazardous or is subject to the special requirements under § 261.5, a generator shall retain copies of the evaluations performed under subsection (a)(3)(i) or (ii) and shall repeat the evaluations or testing when there is a significant change in the generator's raw materials or operations which may alter the test results. Copies of the evaluations shall be retained for 5 years and furnished to the Department upon request.
(d) A generator of hazardous waste subject to regulation under § 261.5 shall retain for 5 years records of quantities, descriptions and dispositions of the wastes, and shall furnish the records to the Department upon request.
(e) A determination that a waste is not hazardous under subsection (a)(3) and (b) does not preclude the Department, using the characteristics and testing methods set forth in Chapter 261 from determining the waste to be hazardous.
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 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 or categories of hazardous waste determined by the EPA to be universal wastes regulated under 40 CFR Part 273 (relating to standards for management of 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 the EPA to be universal wastes regulated under 40 CFR Part 273 (relating to standards for management of universal wastes).
* * * * *
CHAPTER 266. 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 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:
(1) Notification requirements under § 261.41.
(2) Chapter 264, Subchapters A--L and Chapters 267, 269 and 270, except the waste analysis requirements of § 264.13(a)--(c) (relating to general requirements for hazardous waste management approvals and analysis) and the manifest and manifest discrepancy requirements of §§ 264.70--264.72 (relating to applicability; use of the manifest system; and manifest discrepancies) unless a variance is obtained under § 264.1(d) (relating to scope).
(c) The Department may require an owner or operator with a permit-by-rule under this section to apply for, and obtain an individual permit when the facility is not in compliance with the requirements of subsection (b) or is engaged in an activity that harms or presents a threat of harm to the health, safety or welfare of the people or the environment of this Commonwealth.
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 or categories of hazardous wastes determined by the EPA to be universal wastes regulated under 40 CFR Part 273 (relating to standards for management of universal wastes).
(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 Sub- chapters 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 (relating to definitions of solid waste), 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) 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 canceled pesticide that are part of a voluntary or mandatory recall under section 19(b) of FIFRA (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).
(2) Pesticides not meeting the conditions in subsection (a). These pesticides shall be managed in compliance with the hazardous waste regulations in the remainder of Chapters 261--265 and Chapter 266, Subchapters C--I.
(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 (relating to list of hazardous waste) 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 this 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) 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 in paragraphs (1) and (2) 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 in § 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 in § 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 §§ 266.213(a) and (c) and 266.233(a) and (c) (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 is:
(i) A new animal drug under section 201(w) of the Federal Food, Drug and Cosmetic Act (21 U.S.C.A. § 321(w)).
(ii) 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) 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 § 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 (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).
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 § 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 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 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 characteristic of hazardous waste identified in Chapter 261, Subchapter C (relating to characteristics of hazardous waste).
(i) If the electrolyte or other solid waste exhibits a characteristic of hazardous waste, it is subject to the applicable requirements of Chapters 261--265 and Chapter 266, Subchapters C--I. 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 determine 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 applicable requirements of Chapters 261--265 and Chapter 266, Subchapters C--I. 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) EPA determination. A small quantity handler of universal waste shall manage other universal wastes determined by the EPA to be universal wastes managed under 40 CFR Part 273 (relating to 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 batter(ies),'' or ''used battery(ies).''
(2) A container (or multiple container package unit), tank, transport vehicle or vessel in which recalled universal waste pesticides as described in § 266.203(a)(1) (relating to applicability-pesticides) are contained shall be labeled or marked clearly with 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 in 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 ''used mercury thermostat(s).''
(5) A small quantity handler of universal waste shall label or mark other universal wastes determined by the EPA to be universal wastes managed under 40 CFR Part 273 (relating to standard universal waste management) according to the applicable requirements of 40 CFR Part 273.
§ 266.215. 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.
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