[Title 40 CFR 273.13]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION]
[Subchapter I - SOLID WASTES (CONTINUED)]
[Part 273 - STANDARDS FOR UNIVERSAL WASTE MANAGEMENT]
[Subpart B - Standards for Small Quantity Handlers of Universal Waste]
[Sec. 273.13 - Waste management.]
[From the U.S. Government Printing Office]


40PROTECTION OF ENVIRONMENT232002-07-012002-07-01false273.13Sec. 273.13PROTECTION OF ENVIRONMENTENVIRONMENTAL PROTECTIONSOLID WASTES (CONTINUED)STANDARDS FOR UNIVERSAL WASTE MANAGEMENTStandards for Small Quantity Handlers of Universal Waste
Sec. 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.

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    (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;

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    (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]