Ohio Admin. Code 3745-273-13 - Waste management - standards for small quantity handlers of universal waste
(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 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 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):
(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 small 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 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 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 small
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
3745-66-99
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 small quantity handler of universal waste shall
manage universal waste mercury-containing equipment 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 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, and 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 small 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 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 the containment device to a container that meets
the requirements of 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 meets the requirements of 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; and
(h) 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 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
that holds the mercury with an airtight 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
small 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 small 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 small 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 small 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 of mercury or other
hazardous constituents to the environment. 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
of mercury or other hazardous constituents to the environment under reasonably
foreseeable conditions.
(E) Universal waste aerosol cans. A small
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 small 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;
(b) Mixing intact cans in one container;
and
(c) Removing actuators to
reduce the risk of accidental release; and;
(4) A small quantity handler of universal
waste who punctures and drains their aerosol cans shall recycle the empty
punctured aerosol cans and shall 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 on-site a copy of the manufacturer's
specification and instruction; and ensure employees operating the device are
trained in the proper procedures.
(c) Ensure that puncturing of the can is done
in a manner designed to prevent fires and to prevent the release of any
component of universal waste to the environment. This manner 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.
(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.
(g) A written procedure shall be in place in
the event of a spill or leak 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 small 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 small 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 small quantity handler of universal waste by transferring the contents
of the container or tank to another container or tank.
(3) A small quantity handler of universal
waste who stores antifreeze in a container shall keep the container closed
except when adding or removing antifreeze.
(4) A small 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 small 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 small quantity
handler of universal waste shall develop and maintain at the facility a
procedure that describes how antifreeze will 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 from the heat exchanger or other equipment when used to winterize that
equipment.
(7) A small 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 small quantity
handler of universal waste may reclaim antifreeze provided the handler does the
following:
(a) The small 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 small 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 small 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 small 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 subject to regulation under Chapter
3745-52 of the Administrative Code.
(9) A small 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 small 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 small 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 small 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 small 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 small 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 small
quantity handler of universal waste shall store paint or paint-related waste in
a tank that complies with paragraph (B)(3) of rule
3745-52-16 of the Administrative
Code.
(5) The small 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 small 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 small 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
small 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 small
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 small
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 small 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 small
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 small 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 paint rendering the container
empty, provided the handler does all of the following:
(a) The small 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 paint containers
within an enclosed compartment or hopper.
(b) The small 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 small quantity handler of universal
waste shall collect the liquids from the paint container. Collected liquids are
still classified as universal paint waste.
(d) The small 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 small 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."]
Notes
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 09/02/1997, 12/07/2000, 12/07/2004, 09/05/2010, 12/21/2017, 10/05/2020, 10/23/2022
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