Ala. Admin. Code r. 335-14-11-.01

Current through Register Vol. 42, No. 11, August 30, 2024

Section 335-14-11-.01 - General

(1)Scope.

(a)335-14-11 establishes requirements for managing the following:

1. Batteries as described in 335-14-11-.01(2);

2. Pesticides as described in 335-14-11-.01(3);

3. Mercury-containing equipment as described in 335-14-11-.01(4);

4. Lamps as described in 335-14-11-.01(5); and

5. Aerosol cans as described in 335-14-11-.01(6)

(b)335-14-11 provides an alternative set of management standards in lieu of regulation under 335-14-1 through 335-14-9.

(2)Applicability-batteries.

(a) Batteries covered under 335-14-11.

1. The requirements of 335-14-11 apply to persons managing batteries, as described in 335-14-1-.02, except those listed in 335-14-11-.01(2)(b).

2. Spent lead-acid batteries which are not managed under 335-14-7-.07 are subject to management under this 335-14-11.

(b) Batteries not covered under 335-14-11. The requirements of 335-14-11 do not apply to persons managing the following batteries:

1. Spent lead-acid batteries that are managed under 335-14-7-.07.

2. Batteries, as described in 335-14-1-.02, that are not yet wastes under 335-14-2, including those that do not meet the criteria for waste generation in 335-14-11-.01(2)(c).

3. Batteries, as described in 335-14-1-.02, that are not hazardous waste. A battery is a hazardous waste if it exhibits one or more of the characteristics identified in 335-14-2-.03.

(c) Generation of waste batteries.

1. A used battery becomes a waste on the date it is discarded (e.g., when sent for reclamation).

2. An unused battery becomes a waste on the date the handler decides to discard it.

(3)Applicability-pesticides.

(a) Pesticides covered under 335-14-11. The requirements of 335-14-11 apply to persons managing pesticides, as described in 335-14-1-.02, meeting the following conditions, except those listed in 335-14-11-.01(3)(b):

1. Recalled pesticides that are:

(i) Stocks of a suspended and canceled pesticide that are part of a voluntary or mandatory recall under FIFRA section 19(b), including, but not limited to those owned by the registrant responsible for conducting the recall; or

(ii) Stocks of a suspended or cancelled pesticide, or a pesticide that is not in compliance with FIFRA, that are part of a voluntary recall by the registrant.

2. Stocks of other unused pesticide products that are collected and managed as part of a waste pesticide collection program.

(b) Pesticides not covered under 335-14-11. The requirements of 335-14-11 do not apply to persons managing the following pesticides:

1. Recalled pesticides described in 335-14-11-.01(3) (a)1., and unused pesticide products described in 335-14-11-.01(3)(a)2., that are managed by farmers in compliance with 335-14-3-.07(1). (335-14-3-.07(1) addresses pesticides disposed of on the farmer's own farm in a manner consistent with the disposal instructions on the pesticide label, providing the container is triple rinsed in accordance with 335-14-2-.01(7)(b)3.);

2. Pesticides not meeting the conditions set forth in 335-14-11-.01(3)(a). These pesticides must be managed in compliance with the hazardous waste regulations in 335-14-1 through 335-14-9, except that aerosol cans as defined in 335-14-1-.02 that contain pesticides may be managed as aerosol can universal waste under 335-14-11-.02(4)(e) or 335-14-11-.03(4)(e);

3. Pesticides that are not wastes under 335-14-2, including those that do not meet the criteria for waste generation in 335-14-11-.01(3)(c) or those that are not wastes as described in 335-14-11-.01(3)(d); and

4. Pesticides that are not hazardous waste. A pesticide is a hazardous waste if it is listed in 335-14-2-.04 or if it exhibits one or more of the characteristics identified in 335-14-2-.03.

(c) When a pesticide becomes a waste.

1. A recalled pesticide described in 335-14-11-.01(3)(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; and

(ii) The person conducting the recall decides to discard (e.g., burn the pesticide for energy recovery).

2. An unused pesticide product described in 335-14-11-.01(3)(a)2. becomes a waste on the date the generator decides to discard it.

(d) Pesticides that are not wastes. The following pesticides are not wastes:

1. Recalled pesticides described in 335-14-11-.01(3)(a)1., provided that the person conducting the recall:

(i) Has not made a decision to discard (e.g., burn for energy recovery) the pesticide. Until such a decision is made, the pesticide does not meet the definition of "solid waste" under 335-14-2-.01(2); thus the pesticide is not a hazardous waste and is not subject to hazardous waste requirements, including 335-14-11. This pesticide remains subject to the requirements of FIFRA; or

(ii) Has made a decision to use a management option that, under 335-14-2-.01(2), does not cause the pesticide to be a solid waste [i.e., the selected option is use (other than use constituting disposal) or reuse (other than burning for energy recovery), or reclamation]. Such a pesticide is not a solid waste and therefore is not a hazardous waste, and is not subject to the hazardous waste requirements including 335-14-11. 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 335-14-11-.01(3)(a)2., if the generator of the unused pesticide product has not decided to discard (e.g., burn for energy recovery) them. These pesticides remain subject to the requirements of FIFRA.

(4)Applicability-Mercury-containing equipment.

(a) Mercury-containing equipment covered under 335-14-11. The requirements of 335-14-11 apply to persons managing mercury-containing equipment, as described in 335-14-1-.02, except those listed in 335-14-11-.01(4)(b).

(b) Mercury-containing equipment not covered under 335-14-11. The requirements of 335-14-11 do not apply to persons managing the following mercury-containing equipment:

1. Mercury-containing equipment that is not yet a waste under 335-14-2. 335-14-11-.01(4)(c) describes when mercury-containing equipment becomes a waste;

2. Mercury-containing equipment that is not a hazardous waste. Mercury-containing equipment is a hazardous waste if it exhibits one or more of the characteristics identified in 335-14-2-.03 or is listed in 335-14-2-.04.

3. Equipment and devices from which the mercury-containing components have been removed.

(c) Generation of waste mercury-containing equipment.

1. Used mercury-containing equipment becomes a waste on the date it is discarded.

2. Unused mercury-containing equipment becomes a waste on the date the handler decides to discard it.

(5)Applicability-Lamps.

(a) Lamps covered under 335-14-11. The requirements of 335-14-11 apply to persons managing lamps, as described in 335-14-1-.02, except those listed in 335-14-11-.01(5)(b).

(b) Lamps not covered under 335-14-11. The requirements of 335-14-11 do not apply to persons managing the following lamps:

1. Lamps that are not yet wastes under 335-14-2. 335-14-11-.01(5)(c) describes when lamps become wastes.

2. Lamps that are not hazardous waste. A lamp is a hazardous waste if it exhibits one or more of the characteristics identified in 335-14-2-.03.

3. Lamps that are broken, crushed, or otherwise no longer intact are not to be handled as universal waste.

(c) Generation of waste lamps.

1. A used lamp becomes a waste on the date it is discarded (e.g., sent for reclamation).

2. An unused lamp becomes a waste on the date the handler decides to discard it.

(6) Applicability - aerosol cans

(a) Aerosol cans covered under 335-14-11. The requirements of 335-14-11 apply to persons managing aerosol cans, as described in 335-14-1-.02, except those listed in 335-14-11-.01(6)(b).

(b) Aerosol cans not covered under 335-14-11. The requirements of 335-14-11 do not apply to persons managing the following types of aerosol cans:

1. Aerosol cans that are not yet waste under 335-14-2. 335-14-11-.01(6)(c) describes when an aerosol can becomes a waste;

2. Aerosol cans that are not hazardous waste. An aerosol can is a hazardous waste if the aerosol can exhibits one or more of the characteristics identified in 335-14-2-.03 or the aerosol can contains a substance that is listed in 335-14-2-.04; and

3. Aerosol cans that meet the standard for empty containers under 335-14-2-.01(7).

(c) Generation of waste aerosol cans.

1. A used aerosol can becomes a waste on the date it is discarded.

2. An unused aerosol can becomes a waste on the date the handler decides to discard it.

(7)Reserved.

(8)Applicability-household and very small quantity generator waste.

(a) Persons managing the wastes listed below may, at their option, manage them under the requirements of 335-14-11:

1. Household wastes that are exempt under 335-14-2-.01(4) (b)1. and are also of the same type as the universal wastes defined at 335-14-1-.02; and/or

2. Very small quantity generator wastes that are exempt under 335-14-2-.01(5) and are also of the same type as the universal wastes defined at 335-14-1-.02.

(b) Persons who commingle the wastes described in 335-14-11-.01(8)(a)1. and (a)2. together with universal waste regulated under 335-14-11 must manage the commingled waste under the requirements of 335-14-11.

(9) [Reserved]

Ala. Admin. Code r. 335-14-11-.01

New Rule: Filed December 8, 1995; effective January 12, 1996. Amended: Filed February 21, 1997; effective March 28, 1997. Amended: Filed February 20, 1998; effective March 27, 1998. Amended: Filed February 25, 2000; effective March 31, 2000. Amended: Filed March 9, 2001; effective April 13, 2001. Amended: Filed February 24, 2005; effective March 31, 2005. Amended: Filed February 28, 2006; effective April 4, 2006. Amended: Filed February 27, 2007; effective April 3, 2007. Amended: Filed April 22, 2008; effective May 27, 2008.

Amended by Alabama Administrative Monthly Volume XXXV, Issue No. 05, February 28, 2017, eff. 3/31/2017.

Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 05, February 28, 2018, eff. 4/7/2018.

Amended by Alabama Administrative Monthly Volume XXXIX, Issue No. 03, December 31, 2020, eff. 2/14/2021.

Amended by Alabama Administrative Monthly Volume XLI, Issue No. 07, April 28, 2023, eff. 6/12/2023.

Author: Amy P. Zachry; Michael B. Jones; C. Edwin Johnston; Lynn T. Roper; Bradley N. Curvin; Theresa A. Maines; Heather M. Jones; Vernon H. Crockett; Sonja B. Favors; Brent A. Watson; Jonah L. Harris

Statutory Authority:Code of Ala. 1975, §§ 22-30-11, 22-30-14, 22-30-15, 22-30-16.