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Delaware General AssemblyDelaware RegulationsAdministrative CodeTitle 7100013001302

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Section 273.1 Scope.

(1) Batteries as described in §273.2;
(2) Pesticides as described in §273.3;
(3) Mercury-containing equipment as described in §273.4;
(5) Aerosol cans as described in §273.6.
24 DE Reg. 711 (01/01/21)

Section 273.2 Applicability-batteries.

(1) The requirements of this part apply to persons managing batteries, as described in §273.9, except those listed in paragraph (b) of this section.
(1) A used battery becomes a waste on the date it is discarded (e.g., when sent for reclamation).

 

Section 273.3 Applicability-pesticides.

(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 canceled pesticide, or a pesticide that is not in compliance with FIFRA, that are part of a voluntary recall by the registrant.
(1) A recalled pesticide described in paragraph (a)(1) of this section 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).
(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 §261.2; thus the pesticide is not a hazardous waste and is not subject to hazardous waste requirements, including this Part 273. This pesticide remains subject to the requirements of FIFRA; or
(ii) Has made a decision to use a management option that, under §261.2, 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 this Part 273. This pesticide, including a recalled pesticide that is exported to a foreign destination for use or reuse, remains subject to the requirements of FIFRA.
Section 273.4 Applicability-Mercury-containing Equipment.
(a) Mercury-containing equipment covered under this part 273. The requirements of this part apply to persons managing mercury-containing equipment, as described in §273.9, except those listed in paragraph (b) of this section.
(1) Mercury-containing equipment that is not yet a waste under part 261 of this chapter. Paragraph (c) of this section 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 part 261, subpart C of this chapter or is listed in part 261, subpart D of this chapter; and
(3) Equipment and devices from which the mercury-containing components have been removed.
(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.

Section 273.5 Applicability - lamps

Section 273.6 Applicability – Aerosol Cans

(a) Aerosol cans covered under this part. The requirements of this part apply to persons managing aerosol cans as described in §273.9, except those listed in paragraph (b) of this section.

(b) Aerosol cans not covered under this part. The requirements of this part do not apply to persons managing the following types of aerosol cans:

(1) Aerosol cans that are not yet a waste under Part 261 of these regulations. Paragraph (c) of this section 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 Part 261, Subpart C of these regulations or the aerosol can contains a substance that is listed in Part 261, Subpart D of these regulations; and

(3) Aerosol cans that meet the standard for empty containers in §261.7 of these regulations.

(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.

24 DE Reg. 711 (01/01/21)

 

Section 273.7 [Reserved]

24 DE Reg. 711 (01/01/21)

 

Section 273.8 Applicability--Household and very small quantity generator waste.

24 DE Reg. 711 (01/01/21)

Section 273.9 Definitions.

“Aerosol can” means a non-refillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted with a self- closing release device allowing the contents to be ejected by the gas.
“Ampule” means an airtight vial made of glass, plastic, metal, or any combination of these materials.
"Battery" means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store, and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.
"Destination facility" means a facility that treats, disposes of, or recycles a particular category of universal waste, except those management activities described in §273.13(a) and (c) and §273.33(a) and (c). A facility at which a particular category of universal waste is only accumulated, is not a destination facility for purposes of managing that category of universal waste.
"FIFRA" means the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136-136y).
"Generator" means any person, by site, whose act or process produces hazardous waste identified or listed in Part 261 of these regulations or whose act first causes a hazardous waste to become subject to regulation.
“Lamp” also referred to as “universal waste lamp” is defined as the bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps.
"Large Quantity Handler of Universal Waste" means a universal waste handler (as defined in this section) who accumulates 5,000 kilograms or more total of universal waste (batteries, pesticides, mercury-containing equipment, lamps, or aerosol cans, calculated collectively) at any time. This designation as a large quantity handler of universal waste is retained through the end of the calendar year in which the 5,000 kilogram limit is met or exceeded.
“Mercury-containing Equipment” means a device or part of a device (including thermostats, but excluding batteries and lamps) that contains elemental mercury integral to its function.
"On-site" means the same or geographically contiguous property which may be divided by public or private right-of-way, provided that the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along the right of way. Non-contiguous properties owned by the same person but connected by a right-of-way which he controls and to which the public does not have access, are also considered on-site property.
"Pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, other than any article that:
(a) Is a new animal drug under FFDCA section 201(w), or
(b) Is an animal drug that has been determined by regulation of the Secretary of Health and Human Services not to be a new animal drug, or
(c) Is an animal feed under FFDCA section 201(x) that bears or contains any substances described by paragraph (a) or (b) of this definition.
"Small Quantity Handler of Universal Waste" means a universal waste handler (as defined in this section) who does not accumulate 5,000 kilograms or more total of universal waste (batteries, pesticides, mercury-containing equipment, lamps, or aerosol cans, calculated collectively) at any time.
"Thermostat" means a temperature control device that contains metallic mercury in an ampule attached to a bimetal sensing element, and mercury-containing ampules that have been removed from these temperature control devices in compliance with the requirements of §273.13(c)(2) or §273.33(c)(2).
"Universal Waste" means any of the following hazardous wastes that are subject to the universal waste requirements of this Part 273:
(1) Batteries as described in §273.2;
(2) Pesticides as described in §273.3;
(3) Mercury-containing equipment as described in §273.4;
(4) Lamps as described in §273.5; and
(5) Aerosol cans as described in §273.6.
(a) Means:
(1) A generator (as defined in this section) of universal waste; or
(2) The owner or operator of a facility, including all contiguous property, that receives universal waste from other universal waste handlers, accumulates universal waste, and sends universal waste to another universal waste handler, to a destination facility, or to a foreign destination.
(b) Does not mean:
(1) A person who treats (except under the provisions of §273.13(a) or (c), or §273.33(a) or (c)), disposes of, or recycles (except under the provisions of §273.13(e) or §273.33(e)) universal waste; or
(2) A person engaged in the off-site transportation of universal waste by air, rail, highway, or water, including a universal waste transfer facility.
"Universal Waste Transfer Facility" means any transportation-related facility including loading docks, parking areas, storage areas and other similar areas where shipments of universal waste are held during the normal course of transportation for ten days or less.
"Universal Waste Transporter" means a person engaged in the off-site transportation of universal waste by air, rail, highway, or water.
24 DE Reg. 711 (01/01/21)

Section 273.10 Applicability.

Section 273.11 Prohibitions.

Section 273.12 Notification.

Section 273.13 Waste management.

(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.
(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.
(i) If the electrolyte and/or other solid waste exhibit a characteristic of hazardous waste, it is subject to all applicable requirements of Parts 260 through 268 and 122. The handler is considered the generator of the hazardous electrolyte and/or other waste and is subject to 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.
(c) Mercury-containing equipment. A small quantity handler of universal waste must 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 must place in a container any universal waste mercury-containing equipment with noncontained elemental mercury or that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions. The container must be closed, structurally sound, compatible with the contents of the device, must lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions, and must 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:
(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 (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 that containment device to a container that is subject to all applicable requirements of Parts 260 through 266, 268, and 122 of these regulations;
(iv) Immediately transfers any mercury resulting from spills or leaks from broken ampules from the containment device to a container that is subject to all applicable requirements of Parts 260 through 266, 268, and 122 of these regulations;
(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 provided 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 all requirements for removing ampules and managing removed ampules under paragraph (c)(2) of this section; 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 must determine whether the following exhibit a characteristic of hazardous waste identified in the DRGHW 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 or housings (e.g., the remaining mercury-containing device).
(ii) If the mercury, residues, and/or other solid waste exhibits a characteristic of hazardous waste, it must be managed in compliance with all applicable requirements of parts 260 through 268 and 122 of these regulations. The handler is considered the generator of the mercury, residues, and/or other waste and must manage it in compliance with DRGHW 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.
(e) Aerosol cans. A small quantity handler of universal waste must 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 must 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 must be packaged in a separate closed container or overpacked with absorbents, or immediately punctured and drained in accordance with the requirements of paragraph (e)(4) of this section.
(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 aerosol cans in one container; and
(iii) 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 must 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 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
(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, but is not limited to, locating the equipment on a solid, flat surface in a well-ventilated area.
(iv) Immediately transfer the contents from the waste aerosol can or puncturing device, if applicable, to a container or tank that meets the requirements of §§262.14, 262.15, 262.16, or 262.17 of these regulations.
(v) Conduct a hazardous waste determination on the contents of the emptied aerosol can per §262.11 of these regulations. Any hazardous waste generated as a result of puncturing and draining the aerosol can is subject to all applicable requirements of Parts 260 through 266, 268, 279, and 122 of these regulations. The handler is considered the generator of the hazardous waste and is subject to Part 262 of these regulations.
(vi) If the contents are determined to be non-hazardous, the handler may manage the waste in any way that is in compliance with applicable Federal, state, or local solid waste regulations.
(vii) A written procedure must be in place in the event of a spill or leak and a spill clean- up kit must be provided. All spills or leaks of the contents of the aerosol cans must be cleaned up promptly.
24 DE Reg. 711 (01/01/21)

 

Section 273.14 Labeling/marking.

(1) The label that was on or accompanied the product as sold or distributed; and
(2) The words "Universal Waste-Pesticide(s)" or "Waste-Pesticide(s);"
(1) (i) The label that was on the product when purchased, if still legible;
(ii) If using the labels described in paragraph (c)(1)(i) of this section is not feasible, the appropriate label as required under the Department of Transportation regulation 49 CFR Part 172;
(iii) If using the labels described in paragraphs (c)(1) (i) and (ii) of this section is not feasible, another label prescribed or designated by the waste pesticide collection program administered or recognized by a state; and
(2) A universal waste mercury-containing thermostat or container containing only universal waste mercury-containing thermostats may be labeled or marked clearly with any of the following phrases: “Universal Waste—Mercury Thermostat(s),” “Waste Mercury Thermostat(s),” or “Used Mercury Thermostat(s).
(f) Universal waste aerosol cans (i.e., each aerosol can), or a container in which the aerosol cans are contained, must be labeled or marked clearly with any of the following phrases: “Universal Waste – Aerosol Can(s),” “Waste Aerosol Can(s),” or “Used Aerosol Can(s).”
24 DE Reg. 711 (01/01/21)

Section 273.15 Accumulation time limits.

Section 273.16 Employee training.

Section 273.17 Response to releases.

Section 273.18 Off-site shipments.

Section 273.19 Tracking universal waste shipments.

Section 273.20 Exports.

24 DE Reg. 711 (01/01/21)

Section 273.30 Applicability.

(Amended June 2, 2000)

Section 273.31 Prohibitions.

Section 273.32 Notification.

(2) A large quantity handler of universal waste who has already notified EPA of his hazardous waste management activities and has received an EPA Identification Number is not required to renotify under this section.
24 DE Reg. 711 (01/01/21)

Section 273.33 Management.

(a) Universal waste batteries. A large 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 large 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.
(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 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 large 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 Part 261, Subpart C.
(i) If the electrolyte and/or other solid waste exhibit a characteristic of hazardous waste, it must be managed in compliance with all applicable requirements of Parts 260 through 268 and 122. The handler is considered the generator of the hazardous electrolyte and/or other waste and is subject to 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.
(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 Part 265, Subpart J, except for §§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) Mercury-containing equipment. A large quantity handler of universal waste must 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 large quantity handler of universal waste must place in a container any universal waste mercury-containing equipment with noncontained elemental mercury or that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions. The container must be closed, structurally sound, compatible with the contents of the device, must lack evidence of leakage, spillage, or damage that could cause leadage under reasonably foreseeable conditions, and must 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:
(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 (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 of broken ampules from that containment device to a container that meets the requirements of Parts 260 through 266, 268, and 122 of these regulations;
(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 Parts 260 through 266, 268, and 122 of these regulations;
(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 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:
(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 all requirements for removing ampules and managing removed ampules under paragraph (c)(2) of this section; and
(4) (i) A large 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 must determine whether the following exhibit a characteristic of hazardous waste identified in the DRGHW 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 or housings (e.g., the remaining mercury-containing device).
(ii) If the mercury, residues, and/or other solid waste exhibits a characteristic of hazardous waste, it must be managed in compliance with all applicable requirements of Parts 260 through 268 and 122 of these regulations. The handler is considered the generator of the mercury, residues, and/or other waste and must manage it in compliance with DRGHW 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.
(1) A large 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 large 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.
(e) Aerosol cans. A large quantity handler of universal waste must manage universal waste aerosol cans in a way that prevents releases of any universal waste or component of universal waste to the environment, as follows:
(1) Universal waste aerosol cans must 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 must be packaged in a separate closed container or overpacked with absorbents, or immediately punctured and drained in accordance with the requirements of paragraph (e)(4) of this section.
(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:
(i) Sorting aerosol cans by type;
(ii) Mixing intact aerosol cans in one container; and
(iii) 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 must 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 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.
(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 includes, but is not limited to, locating the equipment on a solid, flat surface in a well ventilated area.
(iv) 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 §§262.14, 262.15, 262.16, or 262.17 of these regulations.
(v) Conduct a hazardous waste determination on the contents of the emptied can per §262.11 of these regulations. Any hazardous waste generated as a result of puncturing and draining the aerosol can is subject to all applicable requirements of Parts 260 through 266, 268, 279, and 122 of these regulations. The handler is considered the generator of the hazardous waste and is subject to Part 262 of these regulations.
(vi) If the contents are determined to be non-hazardous, the handler may manage the waste in any way that is in compliance with applicable Federal, state, or local solid waste regulations.
(vii) A written procedure must be in place in the event of a spill or release and a spill clean-up kit must be provided. All spills or leaks of the contents of the aerosol cans must be cleaned up promptly.

Section 273.34 Labeling/marking.

(1) The label that was on or accompanied the product as sold or distributed; and
(2) The words "Universal Waste-Pesticide(s)" or "Waste-Pesticide(s);"
(1) (i) The label that was on the product when purchased, if still legible;
(ii) If using the labels described in paragraph (c)(1)(i) of this section is not feasible, the appropriate label as required under the Department of Transportation regulation 49 CFR Part 172;
(iii) If using the labels described in paragraphs (c)(1)(i) and (1)(ii) of this section is not feasible, another label prescribed or designated by the pesticide collection program; and
(2) The words "Universal Waste-Pesticide(s)" or "Waste-Pesticide(s)."
(d) (1) Mercury-containing equipment (i.e., each device), or a container in which the equipment is contained, must be labeled or marked clearly with any of the following phrases: ‘‘Universal Waste—Mercury Containing Equipment,’’ ‘‘Waste Mercury-Containing Equipment,’’ or ‘‘Used Mercury-Containing Equipment.’’
(2) A universal waste mercury-containing thermostat or container containing only universal waste mercury-containing thermostats may be labeled or marked clearly with any of the following phrases: “Universal Waste-Mercury Thermostat(s),” “Waste Mercury Thermostat(s),” or “Used Mercury Thermostat(s).”
(f) Universal waste aerosol cans (i.e., each aerosol can), or a container in which the aerosol cans are contained, must be labeled or marked clearly with any of the following phrases: “Universal Waste – Aerosol Can(s),” “Waste Aerosol Can(s),” or “Used Aerosol Can(s).”
24 DE Reg. 711 (01/01/21)

Section 273.35 Accumulation time limits.

Section 273.36 Employee training.

Section 273.37 Response to releases.

Section 273.38 Off-site shipments.

Section 273.39 Tracking universal waste shipments.

(1) A large quantity handler of universal waste must retain the records described in paragraph (a) of this section for at least three years from the date of receipt of a shipment of universal waste.
24 DE Reg. 711 (01/01/21)

Section 273.40 Exports.

24 DE Reg. 711 (01/01/21)

Section 273.50 Applicability.

(Amended June 2, 2000)

Section 273.51 Prohibitions.

Section 273.52 Waste management.

Section 273.53 Storage time limits.

Section 273.54 Response to releases.

Section 273.55 Off-site shipments.

Section 273.56 Exports.

24 DE Reg. 711 (01/01/21)

Section 273.60 Applicability.

Section 273.61 Off-site shipments.

Section 273.62 Tracking universal waste shipments.

24 DE Reg. 711 (01/01/21)

Section 273.70 Imports.

24 DE Reg. 711 (01/01/21)

Section 273.80 General.

(d) Hazardous waste pharmaceuticals are regulated by Part 266 Subpart P and may not be added as a category of hazardous waste for management under this part.
24 DE Reg. 711 (01/01/21)

Section 273.81 Factors for petitions to include other wastes under Part 273.

24 DE Reg. 711 (01/01/21)
Last Updated: March 26 2021 14:31:29.
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