Utah Admin. Code 315-273-13

Current through Bulletin No. 2024-21, November 1, 2024

Section R315-273-13 - Standards for Universal Waste Management, Standards for Small Quantity Handlers of Universal Waste - Waste Management

(a) 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 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:

(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, such as battery pack materials or discarded consumer products, as a result of the activities listed in Subsection R315-273-13(a)(2), shall determine whether the electrolyte and other solid waste exhibit a characteristic of hazardous waste identified in Sections R315-261-20 through R315-261-24.

(i) If the electrolyte or other solid waste exhibit a characteristic of hazardous waste, it is subject to the applicable requirements of Rules R315-260 through R315-266, R315-268 and R315-270. The handler is considered the generator of the hazardous electrolyte and other waste and is subject to Rule R315-262.

(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 rules or regulations.

(b) 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 Subsection R315-273-13(b)(1), if the unacceptable container is overpacked in a container that does meet the requirements of Subsection R315-273-13(b)(1);

(3) a tank that meets the requirements of Sections R315-265-190 through R315-265-202, except for Subsection R315-265-197(c) and Section R315-265-200; 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) 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, 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 if the handler:

(i) removes and manages the ampules in a manner designed to prevent breakage of the ampules;

(ii) removes the ampules only over or in a containment device, such as a 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 that containment device to a container that is subject to the applicable requirements of Rules R315-260 through R315-270;

(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 Rules R315-260 through R315-270;

(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;

(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 if the handler:

(i) immediately seals the original housing holding the mercury with an air-tight seal to prevent the release of any mercury to the environment; and

(ii) follows the requirements for removing ampules and managing removed ampules under Subsection R315-273-13(c)(2); and

(4)

(i) A small quantity handler of universal waste who removes mercury-containing ampules from mercury-containing equipment or seals mercury from mercury-containing equipment in its original housing shall determine whether one or both of the following exhibit a characteristic of hazardous waste identified in Sections R315-261-20 through R315-261-24:

(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 or housings, such as the remaining mercury-containing device; or both.

(ii) If the mercury, residues, other solid waste, or any combination of the three exhibits a characteristic of hazardous waste, it shall be managed in compliance with the applicable requirements of Rules R315-260 through R315-266, R315-268, and R315-270. The handler is considered the generator of the mercury, residues, other waste, or any combination of the three and shall manage it in compliance with Rule R315-262.

(iii) If the mercury, residues, other solid waste, or any combination of the three is not hazardous, the handler may manage the waste in any way that is in compliance with applicable federal, state or local solid waste rules or regulations.

(d) 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 or packages that are structurally sound, adequate to prevent breakage, and compatible with the contents of the lamps. Such containers 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.

(3) A small quantity handler of universal waste may crush universal waste lamps using a drum-top lamp crusher designed specifically for crushing lamps after the small quantity handler submits a drum-top lamp crusher registration application to and receives approval from the Director. The registration application shall demonstrate that the small quantity handler shall operate the drum-top lamp crusher to ensure the following:

(i) the lamps are crushed in a closed accumulation container as specified by the manufacturer of the drum-top lamp crusher;

(ii) the lamps are crushed in a controlled manner that prevents the release of mercury vapor or other contaminants in exceedance of the manufacturer's specifications;

(iii) the drum-top lamp crusher shall have a filtration system consisting of, at a minimum, a bag filter followed in series by a HEPA filter and an activated carbon filter;

(iv) the drum-top lamp crusher is installed, maintained, and operated in accordance with written procedures developed by the manufacturer of the equipment including specific instructions for the frequency of filter changes;

(v) filters are either characterized to demonstrate that they are not a hazardous waste or managed as a hazardous waste;

(vi) a spill clean-up kit is available;

(vii) the area in which the drum-top crusher is operated is well ventilated and monitored to ensure compliance with applicable OSHA exposure levels for mercury;

(viii) an employee using the drum-top lamp crusher is trained annually on the written operating, safety, personal protection and maintenance procedures of the system;

(ix) an employee using the drum-top lamp crusher is trained annually in emergency procedures;

(x) an operating record is kept and consists of the following:

(A) the number and size of lamps crushed per calendar day, per calendar month, and per calendar year;

(B) the schedule for the change out of filters;

(C) date and time of filter change out;

(D) date, type, and time of equipment maintenance;

(E) any occurrence of equipment malfunction; and

(F) procedures for preventing equipment malfunctions.

(4) The operating record shall be maintained for at least three years.

(5) When a drum-top crusher is no longer used or is relocated, the area where the crusher was located shall be decontaminated of any mercury and other contaminants caused by the use of the drum-top lamp crusher. A report documenting the decontamination steps as well as supporting analytical data demonstrating successful remediation shall be submitted to the Director for approval within 30 days following completion of decontamination.

(6) The small quantity handler shall provide a closure plan along with a detailed written estimate, in current dollars, of the cost of disposing of the drum-top lamp crusher; decontamination of the area surrounding the drum-top lamp crusher, and any analytical costs required to show that decontamination is complete. Drum-top lamp crushers operated by the state or the federal government are exempt from the cost estimate requirement of Subsection R315-273-13(d)(6).

(7) The small quantity handler shall demonstrate financial assurance for the detailed cost estimates determined in Subsection R315-273-13(d)(6) using one of the options in Subsections R315-261-143(a) through R315-261-143(e). Drum-top lamp crushers operated by the state or the federal government are exempt from the financial assurance requirement of Subsection R315-273-13(d)(7).

(8) Crushed universal waste lamps may be managed as universal waste lamps under Rule R315-273 or they may be managed as hazardous waste in accordance with the applicable requirements of Rules R315-260 through R315-266 and R315-268.

(e) Antifreeze. A small quantity handler of universal waste shall manage universal waste antifreeze in a way that prevents releases of any universal waste or component of a universal waste to the environment. The universal waste antifreeze shall be contained in one or more of the following:

(1) a container that remains closed, structurally sound, compatible with the antifreeze, 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 Subsection R315-273-13(e)(1), if the unacceptable container is overpacked in a container that does meet the requirements of Subsection R315-273-13(e)(1);

(3) a tank that meets the requirements of Sections R315-265-190 through R315-265-202, except for Subsection R315-265-197(c) and Section R315-265-200; or

(4) a transport vehicle or vessel that is closed, structurally sound, compatible with the antifreeze, and that lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.

(f) Aerosol cans. A small quantity handler of universal waste shall manage universal waste aerosol cans in a way that prevents release 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 the requirements of Subsection R315-273-13(f)(4).

(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:

(i) sorting aerosol cans by type;

(ii) mixing intact cans in one container; and

(iii) removing actuators to reduce the risk of accidental release.

(4) A small 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:

(i) 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.

(ii) Establish and follow a written procedure detailing how to safely puncture and drain universal waste aerosol cans, 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 specifications and instructions on-site; and ensure employees operating the device are trained in the proper procedures.

(iii) 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 locating the equipment on a solid, flat surface in a well ventilated area.

(iv) Immediately transfer the contents of the universal waste aerosol can or puncturing device, if applicable, to a container or tank that meets the requirements of Sections R315-262-14, R315-262-15, R315-262-16 or R315-262-17.

(v) Conduct a hazardous waste determination on the contents of the emptied aerosol can in accordance with Section R315-262-11. Hazardous waste generated as a result of puncturing and draining the aerosol can is subject to the applicable requirements of Rules R315-260 through R315-270. The handler is considered the generator of the hazardous waste and is subject to Rule R315-262.

(vi) If the contents are determined to be nonhazardous, the handler may manage the waste in any way that is in compliance with applicable federal, state, or local solid waste rules or regulations.

(vii) A written procedure shall be in place in the event of a spill or leak and a spill clean-up kit shall be provided. Spills or leaks of the contents of the aerosol cans shall be cleaned up promptly.

Utah Admin. Code R315-273-13

Adopted by Utah State Bulletin Number 2016-9, effective 4/15/2016

Amended by Utah State Bulletin Number 2016-13, effective 6/10/2016

Amended by Utah State Bulletin Number 2019-3, effective 1/14/2019

Amended by Utah State Bulletin Number 2021-24, effective 12/9/2021