(A) Universal waste batteries. A large
quantity handler of universal waste shall manage universal waste batteries in a
way that prevents releases of any universal waste or component of a universal
waste to the environment, as follows:
(1) A large quantity
handler of universal waste shall contain in a container any universal waste
battery that shows evidence of leakage, spillage, or damage that could cause
leakage under reasonably foreseeable conditions. The container shall be closed,
structurally sound, compatible with the contents of the battery, and shall lack
evidence of leakage, spillage, or damage that could cause leakage under
reasonably foreseeable conditions.
(2) A large quantity
handler of universal waste may conduct the following activities as long as the
casing of each individual battery cell is not breached and remains intact and
closed (except that cells may be opened to remove electrolyte but shall be
immediately closed after removal):
(a) Sorting batteries by type;
(b) Mixing battery types in one container;
(c) Discharging batteries so as to remove the electric
charge;
(d) Regenerating used batteries;
(e) Disassembling batteries or battery packs into individual
batteries or cells;
(f) Removing batteries from consumer products; or
(g) Removing electrolyte from batteries.
(3) A large quantity
handler of universal waste who removes electrolyte from batteries, or who
generates other waste (e.g., battery pack materials, discarded consumer
products) as a result of the activities listed in paragraph (A)(2) of this
rule, shall determine whether the electrolyte or other waste exhibit a
characteristic of hazardous waste identified in rules 3745-51-20 to 3745-51-24
of the Administrative Code.
(a) If the electrolyte or other waste exhibit a characteristic of
hazardous waste, the electrolyte or other waste shall be managed in compliance
with all applicable requirements of Chapters 3745-50 to 3745-69, 3745-205,
3745-256, 3745-266, and 3745-270 of the Administrative Code. The handler is
considered the generator of the hazardous electrolyte or other waste and is
subject to Chapter 3745-52 of the Administrative Code.
(b) If the electrolyte or other waste is not hazardous, the
handler may manage the waste in any way that is in compliance with applicable
law.
(B) Universal waste pesticides. A large
quantity handler of universal waste shall manage universal waste pesticides in
a way that prevents releases to the environment of any universal waste or
component of a universal waste. 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; or
(2) A container that does
not comply with paragraph (B)(1) of this rule, provided that the unacceptable
container is overpacked in a container that does comply with paragraph (B)(1)
of this rule; or
(3) A tank that complies
with rules 3745-66-90 to 3745-66-102 of the Administrative Code, except for
paragraph (C) of rule 3745-66-97 and rule 3745-66-100 of the Administrative
Code; 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 mercury-containing
equipment. A large quantity handler of universal waste shall manage universal
waste mercury-containing equipment in a way that prevents releases to the
environment of any universal waste or component of a universal waste, as
follows:
(1) A large quantity
handler of universal waste shall place in a container any universal waste
mercury-containing equipment with non-contained elemental mercury or that shows
evidence of leakage, spillage, or damage that could cause leakage under
reasonably foreseeable conditions. The container shall be closed, structurally
sound, compatible with the contents of the device, shall lack evidence of
leakage, spillage, or damage that could cause leakage under reasonably
foreseeable conditions, and shall be reasonably designed to prevent the escape
of mercury into the environment by volatilization or any other
means;
(2) A large quantity
handler of universal waste may remove mercury-containing ampules from universal
waste mercury-containing equipment provided the handler:
(a) Removes and manages the ampules in a manner designed to
prevent breakage of the ampules;
(b) Removes the 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);
(c) Ensures that a mercury clean-up system is readily available
to immediately transfer any mercury resulting from spills or leaks from broken
ampules from that containment device to a container that complies with Chapters
3745-50 to 3745-69, 3745-205, 3745-256, 3745-266, and 3745-270 of the
Administrative Code;
(d) Immediately transfers any mercury resulting from spills or
leaks from broken ampules from the containment device to a container that
complies with Chapters 3745-50 to 3745-69, 3745-205, 3745-256, 3745-266, and
3745-270 of the Administrative Code;
(e) Ensures that the area in which ampules are removed is well
ventilated and monitored to ensure compliance with applicable occupational
safety and health administration (OSHA) exposure levels for
mercury;
(f) Ensures that employees who remove ampules are thoroughly
familiar with proper waste mercury handling and emergency procedures, including
transfer of mercury from containment devices to appropriate
containers;
(g) Stores removed ampules in closed, non-leaking containers that
are in good condition;
(h) Packs removed ampules in the container with packing materials
adequate to prevent breakage during storage, handling, and
transportation;
(3) A large quantity
handler of universal waste mercury-containing equipment that does not contain
an ampule may remove the open original housing holding the mercury from
universal waste mercury-containing equipment provided the handler:
(a) Immediately seals the original housing holding the mercury
with an air-tight seal to prevent the release of any mercury to the
environment; and
(b) Follows all requirements for removing ampules and managing
removed ampules under paragraph (C)(2) of this rule; and
(4)
(a) A large quantity handler of universal waste who removes
mercury-containing ampules from mercury-containing equipment or seals mercury
from mercury-containing equipment in the original housing shall determine
whether the following exhibit a characteristic of hazardous waste identified in
rules 3745-51-20 to 3745-51-24 of the Administrative Code:
(i) Mercury or clean-up
residues resulting from spills or leaks; and
(ii) Other waste
generated as a result of the removal of mercury-containing ampules or housings
(e.g., the remaining mercury-containing device).
(b) If the mercury, residues, or other waste exhibit a
characteristic of hazardous waste, the mercury, residues, or other waste shall
be managed in compliance with all applicable requirements of Chapters 3745-50
to 3745-69, 3745-205, 3745-256, 3745-266, and 3745-270 of the Administrative
Code. The handler is considered the generator of the mercury, residues, or
other waste and shall manage the mercury, residues, or other waste in
compliance with Chapter 3745-52 of the Administrative Code.
(c) If the mercury, residues, or other waste is not hazardous,
the handler may manage the waste in any way that is in compliance with
applicable law.
(D) Universal waste lamps. A large
quantity handler of universal waste shall 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 shall contain any lamp in containers, cabinets, or
packages that are structurally sound, adequate to prevent breakage, and
compatible with the contents of the lamps. Such containers, cabinets, and
packages shall remain closed and shall lack evidence of leakage, spillage, or
damage that could cause leakage under reasonably foreseeable
conditions.
(2) A large quantity
handler of universal waste shall immediately clean up and place in a container
any lamp that is broken, and shall place in a container any lamp that shows
evidence of breakage, leakage, or damage that could cause the release to the
environment of mercury or other hazardous constituents. Containers shall be
closed, structurally sound, compatible with the contents of the lamps, and
shall lack evidence of leakage, spillage, or damage that could cause leakage or
releases to the environment of mercury or other hazardous constituents under
reasonably foreseeable conditions.
(E) Universal waste aerosol cans. A large
quantity handler of universal waste shall manage universal waste aerosol cans
in a way that prevents releases of any universal waste or component of a
universal waste to the environment, as follows:
(1) Universal waste
aerosol cans shall be accumulated in a container that is structurally sound,
compatible with the contents of the aerosol cans, lacks evidence of leakage,
spillage, or damage that could cause leakage under reasonably foreseeable
conditions, and is protected from sources of heat.
(2) Universal waste
aerosol cans that show evidence of leakage shall be packaged in a separate
closed container or overpacked with absorbents, or immediately punctured and
drained in accordance with paragraph (E)(4) of this rule.
(3) A large quantity
handler of universal waste may conduct the following activities as long as each
individual aerosol can is not breached and remains intact:
(a) Sorting aerosol cans by type; and
(b) Mixing intact aerosol cans in one container; and
(c) Removing actuators to reduce the risk of accidental release;
and
(4) A large quantity
handler of universal waste who punctures and drains their aerosol cans shall
recycle the empty punctured aerosol cans and meet the following requirements
while puncturing and draining universal waste aerosol cans:
(a) Conduct puncturing and draining activities using a device
specifically designed to safely puncture aerosol cans and effectively contain
the residual contents and any emissions thereof.
(b) Establish and follow a written procedure detailing how to
safely puncture and drain the universal waste aerosol can (including proper
assembly, operation and maintenance of the unit, segregation of incompatible
wastes, and proper waste management practices to prevent fires or releases);
maintain a copy of the manufacturer's specification and instruction on
site; and ensure employees operating the device are trained in the proper
procedures.
(c) Ensure that puncturing of the aerosol can is done in a manner
designed to prevent fires and to prevent the release to the environment of any
component of universal waste. This includes, but is not limited to, locating
the equipment on a solid, flat surface in a well-ventilated area.
(d) Immediately transfer the contents from the waste aerosol can
or puncturing device, if applicable, to a container or tank that meets the
applicable requirements of rule 3745-52-14, 3745-52-15, 3745-52-16, or
3745-52-17 of the Administrative Code.
(e) Conduct a hazardous waste determination per rule 3745-52-11
of the Administrative Code on the contents of the emptied aerosol can. Any
hazardous waste generated as a result of puncturing and draining the aerosol
can is subject to all applicable requirements of Chapters 3745-50 to 3745-69,
3745-205, 3745-256, 3745-266, and 3745-270 of the Administrative Code. The
handler is considered the generator of the hazardous waste and is subject to
Chapter 3745-52 of the Administrative Code.
[Comment: Liquids that consists solely of
paint from aerosol cans are eligible to be classified and managed as a
universal waste paint in accordance with Chapter 3745-273 of the Administrative
Code.]
(f) If the contents are determined to be nonhazardous, the
handler may manage the waste in any way that is in compliance with applicable
law.
[Comment: Large quantity handlers of
universal waste who use aerosol can puncturing or crushing units may be subject
to requirements of the Clean Air Act or the Occupational Safety and Health
Act.]
(g) A written procedure shall be in place in the event of a spill
or release and a spill clean-up kit shall be provided. All spills or leaks of
the contents of the aerosol cans shall be cleaned up promptly.
(F) Universal waste antifreeze. A large
quantity handler of universal waste shall manage universal waste antifreeze in
a way that prevents releases of any universal waste or any component of a
universal waste to the environment, as follows:
(1) A large quantity
handler of universal waste shall store antifreeze in containers or tanks that
are structurally sound and compatible with the antifreeze. Such containers and
tanks shall lack leakage or damage, including severe corrosion, which could
cause leakage under reasonably foreseeable conditions.
(2) A container or tank
that does not comply with paragraph (F)(1) of this rule shall be overpacked or
taken out of service by the large quantity handler of universal waste by
transferring the contents of the container or tank to another container or
tank.
(3) A large quantity
handler of universal waste who stores antifreeze in a container shall keep the
container closed except when adding or removing antifreeze.
(4) A large quantity
handler of universal waste shall store antifreeze in a tank that complies with
paragraph (B)(3) of rule 3745-52-16 of the Administrative Code.
(5) A large quantity
handler of universal waste shall not commingle or contaminate antifreeze with
listed hazardous waste or a characteristic hazardous waste as described in
Chapter 3745-51 of the Administrative Code subsequent to the removal of the
antifreeze from a heat exchanger or other equipment when used to winterize that
equipment.
(6) A large quantity
handler of universal waste shall develop and maintain at the facility a
procedure that describes how antifreeze shall be prevented from being
commingled or contaminated with a listed hazardous waste or a characteristic
hazardous waste as described in Chapter 3745-51 of the Administrative Code
subsequent to removal of the antifreeze from a heat exchanger or other
equipment when used to winterize that equipment.
(7) A large quantity
handler of universal waste who manages antifreeze shall use dedicated
antifreeze collection and storage containers and tanks for the management of
antifreeze.
(8) A large quantity
handler of universal waste may reclaim antifreeze provided the handler does the
following:
(a) The large quantity handler of universal waste shall use
commercially available equipment, or equipment specifically custom designed or
retrofitted according to accepted engineering practices based on established
codes, standards, published technical reports, or similar peer reviewed
documents to reclaim the antifreeze as "reclaimed" is defined in rule
3745-51-01 of the Administrative Code.
(b) The large quantity handler of universal waste shall use
reclamation equipment that has sufficient processing capacity to reclaim the
quantity of antifreeze received or generated by the handler within one
year.
(c) The large quantity handler of universal waste shall train
each operator of the reclamation equipment regarding the proper operation and
maintenance of the antifreeze reclamation equipment.
(d) A large quantity handler of universal waste shall determine
if the wastes generated from the reclamation of antifreeze are "hazardous
wastes" as described in Chapter 3745-51 of the Administrative Code. If a
waste meets the definition of "hazardous waste," the handler is a
hazardous waste generator and is subject to Chapter 3745-52 of the
Administrative Code.
(9) A large quantity
handler of universal waste, upon detection of a release of antifreeze, shall do
the following, as applicable:
(a) Stop the release of antifreeze.
(b) Contain the released antifreeze.
(c) Clean up and properly manage and dispose the released
antifreeze and other materials generated from the clean-up according to
applicable waste management requirements.
(d) Remove a leaking container or tank from service by
transferring the contents to another container or tank.
(e) Overpack or replace any leaking storage
container.
(f) Repair any leaking container or tank prior to returning the
container or tank to service.
(10) Spilled universal
waste antifreeze that is recovered in liquid form or materials used to absorb a
spill of universal waste antifreeze may be managed as universal waste
antifreeze.
(11) A large quantity
handler of universal waste who manages antifreeze shall train employees who
manage antifreeze regarding the universal waste requirements applicable to
antifreeze, the proper management of antifreeze, the procedure to prevent
contamination of antifreeze with characteristic hazardous waste or listed
hazardous waste, and the proper response to a release of
antifreeze.
(G) Universal waste paint and
paint-related waste. A large quantity handler of universal waste shall manage
universal waste paint and paint-related wastes in a way that prevents releases
of any universal waste or any component of a universal waste to the
environment, as follows:
(1) The large quantity
handler of universal waste shall store universal waste paint or paint-related
wastes in units that feed crushing or shredding equipment (i.e., hopper),
containers, or tanks that are structurally sound and compatible with the paint
or paint-related wastes. Such hoppers, containers, and tanks shall lack leakage
or damage, including severe corrosion, which could cause leakage under
reasonably foreseeable conditions.
(2) The large quantity
handler of universal waste shall ensure that a hopper, container, or tank that
does not comply with paragraph (G)(1) of this rule is overpacked or taken out
of service by transferring the contents to another hopper, container, or
tank.
(3) The large quantity
handler of universal waste shall keep hoppers and containers that hold paint
and paint-related wastes closed except when adding or removing paint or
paint-related wastes.
(4) The large quantity
handler of universal waste shall store paint or paint-related waste in a tank
that complies with rules 3745-66-90 to 3745-66-99 except paragraph (C) of rule
3745-66-97 of the Administrative Code.
(5) The large quantity
handler of universal waste who generates universal waste paint and
paint-related wastes on-site may recycle such paint and paint-related wastes
on-site by reclamation, use, or reuse as described in rule 3745-51-02 of the
Administrative Code if the wastes are not burned for energy recovery or used in
a manner constituting disposal according to rule 3745-51-02 of the
Administrative Code.
(6) The large quantity
handler of universal waste who receives universal waste paint from another
universal waste handler may recycle such paint by reclamation, use, or reuse as
described in rule 3745-51-02 of the Administrative Code if the universal waste
paint is not burned for energy recovery or used in a manner constituting
disposal according to rule 3745-51-02 of the Administrative Code.
(7) Wastes generated from
the reclamation of universal waste paint and paint-related wastes are not
universal wastes for the purposes of this rule. The handler shall evaluate the
wastes to determine if such wastes are listed hazardous wastes or
characteristic hazardous waste as described in Chapter 3745-51 of the
Administrative Code. If a waste meets the definition of "hazardous
waste," the handler is a hazardous waste generator and is subject to
Chapter 3745-52 of the Administrative Code.
(8) The large quantity
handler of universal waste who recycles universal waste paint and paint-related
wastes as described in paragraphs (G)(5) and (G)(6) of this rule shall ensure
that employees responsible for recycling universal waste paint and
paint-related wastes are trained regarding the proper operation and maintenance
of the recycling process.
(9) The large quantity
handler of universal waste, upon detection of a release of paint or
paint-related wastes, shall do the following, as applicable:
(a) Stop the release.
(b) Contain the released paint or paint-related
wastes.
(c) Clean up and properly manage the released paint or
paint-related wastes and other materials generated from the
cleanup.
(d) Remove a leaking container or tank from service by
transferring the contents to another container or tank.
(e) Overpack or replace any leaking storage
container.
(f) Repair any leaking container or tank prior to returning the
container or tank to service.
(10) A large quantity
handler of universal waste shall manage paint and paint-related wastes that are
ignitable or reactive in accordance with the following:
(a) Rule 3745-66-76 of the Administrative Code or obtain written
approval from the authority having jurisdiction over the local fire code
allowing alternative storage less than fifty feet from the facility's
property line. The written approval shall be maintained on-site for as long as
the ignitable or reactive paint and paint-related wastes are managed
on-site.
(b) Rule 3745-65-17 of the Administrative Code.
(11) A large quantity
handler of universal waste shall manage paint and paint-related wastes that are
incompatible in accordance with rule 3745-66-77 of the Administrative
Code.
(12) The large quantity
handler of universal waste shall design, construct, maintain, and operate the
facility to minimize the possibility of a fire, explosion, or unplanned sudden
or non-sudden release of universal waste or hazardous constituents to air,
soil, or surface water which could threaten human health or the
environment.
(13) The large quantity
handler of universal waste may open containers of universal waste paint and
scrape, pour, pump, or drain the universal waste paint from the container to
collect the paint and render the container empty.
(14) The large quantity
handler of universal waste may puncture, shred, or crush containers of paint
that do not exceed five gallons in volume to remove and collect the contents of
the container rendering the container empty, provided the handler does all of
the following:
(a) The large quantity handler of universal waste shall use
commercially available equipment or equipment specifically custom designed or
retrofitted according to accepted engineering practices based on established
codes, standards, published technical reports, or similar peer reviewed
documents to puncture, shred, or crush and empty the paint containers within an
enclosed compartment or hopper.
(b) The large quantity handler of universal waste shall use
equipment that has sufficient processing capacity to empty the quantity of
paint containers received or generated within one year.
(c) The large quantity handler of universal waste shall collect
the liquids from the paint container. Collected liquids are still classified as
universal waste paint.
(d) The large quantity handler of universal waste shall maintain
the puncturing, crushing, and shredding equipment and replace air filters
according to the manufacturer's specifications.
(e) The large quantity handler of universal waste shall train
each operator of the equipment used to shred, puncture, or crush containers of
universal waste paint regarding the maintenance and proper operation of the
equipment.
[Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]