CONSOLIDATED CHECKLIST C11

	Consolidated Checklist for Universal Wastes
	40 CFR Part 273 as of December 31, 2002

Note: The wording of several paragraphs addressed by this checklist needs to be revised to reflect the universal waste(s) the State adopts.  Examples of such paragraphs include 273.32(a)(1), 273.32(b)(4)&(5), 273.6 definition of "Small Quantity Generator," and 273.39(a)(2).  For instance, 273.39(a)(2) lists batteries, pesticides and thermostats as examples.  A State should include as examples only those universal wastes for which it adopts regulations.

Note: No final rules affecting 40 CFR Part 273 were promulgated between June 30, 2002 and December 31, 2002, therefore, this Consolidated Checklist corresponds to 40 CFR Part 273 as published on July 1, 2002.

	
FEDERAL REQUIREMENTS	
CHECKLIST
REFERENCE	
FEDERAL RCRA CITATION	
ANALOGOUS STATE CITATION	
STATE ANALOG IS:	
					
EQUIV-ALENT	
LESS
STRIN-
GENT	
MORE STRIN-GENT	
BROADER IN SCOPE	

PART 273-STANDARDS FOR UNIVERSAL WASTE MANAGEMENT	

SUBPART A-GENERAL	

H	
SCOPE	

Part 273 establishes requirements for managing the listed universal wastes	
142 A	
273.1(a) intro	

	

	
batteries as described in 273.2	
142 B	
273.1(a)(1)	

	

	
pesticides as described in 273.3	
142 C, H181	
273.1(a)(2)	

	

1	
thermostats as described in 273.4	
142 D, H181	
273.1(a)(3)	

	

1	
lamps as described in 273.5	
181	
273.1(a)(4)	

	

	
Part 273 provides an alternate set of management standards in lieu of regulation under Parts 260-272	
142 A	
273.1(b)	

	

H	
APPLICABILITY - BATTERIES	

1	
requirements of Part 273 apply to persons managing 273.9 batteries, except those in 273.2(b) list	
142 B, H181	
273.2(a)(1)	

	

	
spent lead-acid batteries not managed under Part 266, Subpart G are subject to management under Part 273	
142 B	
273.2(a)(2)	

	

	
requirements of Part 273 do not apply to persons managing the following batteries:	
142 B	
273.2(b)	

	

	
spent lead-acid batteries managed under Part 266, Subpart G	
142 B	
273.2(b)(1)	

	

1	
batteries, as described in 273.9, that are not yet waste under Part 261, including those that do not meet the criteria for waste generation in 273.2(c)	
142 B, H181	
273.2(b)(2)	

	

1	
batteries, as described in 273.9, that are not hazardous waste; a hazardous waste only if it exhibits one or more of the characteristics of a hazardous waste identified in Part 261, subpart C	
142 B, H181	
273.2(b)(3)	

	

	
a used battery becomes a waste on the date it is discarded	
142 B	
273.2(c)(1)	

	

	
an unused battery becomes a waste on the date the handler decides to discard it	
142 B	
273.2(c)(2)	

	

H	
APPLICABILITY-PESTICIDES	

1	
Part 273 applies to persons managing 273.9 pesticides, except those in 273.3(b) 	
142 C, H181	
273.3(a)	

	

	
recalled pesticides that are:	
142 C	
273.3(a)(1)	

	

	
stocks of suspended and cancelled pesticides as per FIFRA '19(b), including, but not limited to those owned by the registrant responsible for conducting the recall	
142 C	
273.3(a)(1)(i)	

	

	
stocks of suspended or cancelled pesticides, or pesticides not in compliance with FIFRA, that are part of a voluntary recall by the registrant	
142 C	
273.3(a)(1)(ii)	

	

	
stocks of other unused pesticide products collected and managed as part of a waste pesticide collection program	
142 C	
273.3(a)(2)	

	

	
requirements of Part 273 do not apply to persons managing the following pesticides:	
142 C	
273.3(b)	

	

	
recalled 273.3(a)(1)&(2) pesticides managed by farmers in compliance with 262.70	
142 C	
273.3(b)(1)	

	

	
pesticides not meeting the 273.3(a) conditions; these pesticides must be managed in compliance with Parts 260 through 272	
142 C	
273.3(b)(2)	

	

	
pesticides that are not wastes under Part 261, including those that do not meet the 273.3(c) criteria for waste generation or those that are not 273.3(d) wastes	
142 C	
273.3(b)(3)	

	

	
pesticides that are not hazardous waste (i.e., is not listed nor exhibits a characteristic)	
142 C	
273.3(b)(4)	

	

	
a recalled 273.3(a)(1) pesticide becomes a waste on the first date on which both of the following conditions apply:	
142 C	
273.3(c)(1)	

	

	
the generator of the recalled pesticide agrees to participate in the recall	
142 C	
273.3(c)(1)(i)	

	

	
the person conducting the recall decides to discard (e.g., burn the pesticide for energy recovery)	
142 C	
273.3(c)(1)(ii)	

	

	
an unused pesticide product described in 273.3(a)(2) becomes a waste on the date the generator decides to discard it	
142 C	
273.3(c)(2)	

	

	
pesticides that are not wastes:	
142 C	
273.3(d)	

	

	
recalled 273.3(a)(1) pesticides, provided that the person conducting the recall:	
142 C	
273.3(d)(1)	

	

	
has not made a decision to discard the pesticide; until decision is met, it does not meet the definition of "solid waste"; pesticide remains subject to FIFRA	
142 C	
273.3(d)(1)(i)	

	

	
has made the decision to use a management option under 261.2 that does not cause the pesticide to be a solid waste and, therefore, not a hazardous waste; this pesticide, including a recalled pesticide exported to a foreign destination for reuse, remains subject to FIFRA	
142 C	
273.3(d)(1)(ii)	

	

	
unused pesticide products described in 273.3(a)(2), if the generator has not decided to discard them.  These pesticides remain subject to FIFRA	
142 C	
273.3(d)(2)	

	

H	
APPLICABILITY-MERCURY THERMOSTATS	

1	
 Part 273 applies to persons managing 273.9 thermostats, except those in 273.4(b) 	
142 D, H181	
273.4(a)	

	

	
requirements of Part 273 do not apply to persons managing the following thermostats:	
142 D	
273.4(b)	

	

	
thermostats not yet wastes under Part 261; 273.4(c) describes when a thermostat becomes a 
waste	
142 D	
273.4(b)(1)	

	

	
thermostats that are not hazardous waste (i.e., they do not exhibit a characteristic)	
142 D	
273.4(b)(2)	

	

	
a used thermostat becomes a waste on the date it is discarded	
142 D	
273.4(c)(1)	

	

	
an unused thermostat becomes a waste on the date handler decides to discard it	
142 D	
273.4(c)(2)	

	

H	
APPLICABILITY-LAMPS	

1,	
lamps covered under part 273	
181	
273.5(a)	

	

1	
lamps not covered under part 273	
181	
273.5(b) intro	

	

			
273.5(b)(1)						
			
273.5(b)(2)						

1	
generation of waste lamps	
181	
273.5(c) intro	

	

			
273.5(c)(1)						
			
273.5(c)(2)						

1,2	
reserved	
181	
273.6 - 273.7	

	

H	
APPLICABILITY-HOUSEHOLD AND CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR WASTE	

1,2	
persons managing the wastes listed in 273.5(a)(1)&(2) may, at their option, manage them under Part 273	
142 A, H181	
273.8(a)	

	

1,2	
household wastes exempt under 261.4(b)(1) that are the same type as the 273.9 defined universal wastes	
142 A, H181	
273.8(a)(1)	

	

1,2	
conditionally exempt small quantity generator wastes exempt under 261.5 that are the same type as the 273.9 defined universal hazardous wastes	
142 A, H181	
273.8(a)(2)	

	

1,2	
273.5(a)(1)&(2) wastes commingled with universal wastes are regulated under Part 273	
142 A, H181	
273.8(b)	

	

H,1,2	
DEFINITIONS	

"battery"	
142 B,  H181	
273.9	

	

	
"destination facility"	
142 A,  H181	
273.9	

	

	
"FIFRA"	
142 C,  H181	
273.9	

	

	
"generator"	
142 A,  H181	
273.9	

	

	
Alamp@	
181	
273.9	

	

	
"large quantity handler of universal waste"	
142 A, H181	
273.9	

	

	
"on-site"	
142 A,  H181	
273.9	

	

	
"pesticide"	
142 C,  H181	
273.9	

	

			
273.9(a)	

	

			
273.9(b)	

	

			
273.9(c)	

	

	
"small quantity handler of universal waste"	
142 A, H176,  H181	
273.9	

	

	
"thermostat"	
142 D,  H181	
273.9	

	

,	
"universal waste"	
142 A, 142 B, 142 C, 142 D,  H181	
273.9	

	

			
273.9(1)	

	

			
273.9(2)	

	

			
273.9(3)	

	

		
 H181	
273.9(4)	

	

	
"universal waste handler"	
142 A,  H181	
273.9	

	

			
273.9(a)	

	

			
273.9(a)(1)	

	

			
273.9(a)(2)	

	

			
273.9(b)	

	

			
273.9(b)(1)	

	

			
273.9(b)(2)	

	

	
"universal waste transfer facility"	
142 A,  H181	
273.9	

	

	
"universal waste transporter"	
142 A,  H181	
273.9	

	

	
SUBPART B-STANDARDS FOR SMALL QUANTITY HANDLERS OF UNIVERSAL WASTE	

H	
APPLICABILITY	

1	
Part 273, Subpart B applies to small quantity handlers of universal waste	
142 A, H181	
273.10	

	

H	
PROHIBITIONS	

a 273.6 small quantity handler of universal waste is:	
142 A	
273.11 intro	

	

	
prohibited from disposing of universal waste	
142 A	
273.11(a)	

	

	
prohibited from diluting or treating universal waste, except as provided	
142 A	
273.11(b)	

	

H	
NOTIFICATION	

a small quantity handler of a universal waste is not required to notify EPA	
142 A	
273.12	

	

H	
WASTE MANAGEMENT	

small quantity handlers of universal waste must manage waste batteries to prevent release	
142 B	
273.13(a)	

	

	
contain any universal waste battery that shows evidence of leakage, spillage, or damage; container must be closed, structurally sound, compatible, and lack evidence of leakage, spillage or damage that could cause a leak	
142 B	
273.13(a)(1)	

	

	
activities that may be conducted as long as the casing of each battery is not breached and remains intact and closed, except for electrolyte removal	
142 B	
273.13(a)(2)	

	

	
sorting batteries by type	
142 B	
273.13(a)(2)(i)	

	

	
mixing batteries by type	
142 B	
273.13(a)(2)(ii)	

	

	
discharging batteries so as to remove the electric charge	
142 B	
273.13(a)(2)(iii)	

	

	
regenerating used batteries	
142 B	
273.13(a)(2)(iv)	

	

	
disassembling batteries or battery packs into individual batteries or cells	
142 B	
273.13(a)(2)(v)	

	

	
removing batteries from consumer products	
142 B	
273.13(a)(2)(vi)	

	

	
removing electrolyte from batteries	
142 B	
273.13(a)(2)(vii)	

	

	
resulting electrolyte and other solid wastes must be tested to determine if they exhibit a hazardous waste characteristic	
142 B	
273.13(a)(3)	

	

	
if a characteristic is exhibited, the electrolyte and/or solid waste is subject to Parts 260 through 272; the handler is considered a hazardous waste generator	
142 B	
273.13(a)(3)(i)	

	

	
if not hazardous, then handler may manage the waste in any way that is in compliance with applicable Federal, State or local solid waste regulations	
142 B	
273.13(a)(3)(ii)	

	

	
small quantity handlers of universal waste must manage waste pesticides to prevent release; universal waste pesticide must be contained in one or more of the following:	
142 C	
273.13(b)	

	

	
a container that remains closed, structurally sound, compatible with the pesticide, and lacks evidence of leakage, spillage, or damage that could cause a leak	
142 C	
273.13(b)(1)	

	

	
a container that does not meet the requirements of 273.13(b)(1), provided that the unacceptable container is overpacked in a container that meets the 273.13(b)(1) requirements	
142 C	
273.13(b)(2)	

	

	
a tank meeting the Part 265, Subpart J requirements (except for 265.197(c), 265.200 and 265.201)	
142 C	
273.13(b)(3)	

	

	
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 a leak	
142 C	
273.13(b)(4)	

	

	
small quantity handler must manage universal waste thermostats to prevent releases	
142 D	
273.13(c)	

	

	
contain any universal waste thermostat that shows evidence of leakage, spillage, or damage; container must be closed, structurally sound, compatible, and lack evidence of leakage, spillage or damage that could cause a leak	
142 D	
273.13(c)(1)	

	

	
a small quantity handler of universal waste may remove mercury-constraining ampules from universal waste thermostats provided the handler:	
142 D	
273.13(c)(2)	

	

	
removes the ampules in a manner designed to prevent breakage of the ampules	
142 D	
273.13(c)(2)(i)	

	

	
removes ampules only over or in a containment device	
142 D	
273.13(c)(2)(ii)	

	

	
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 262.34 requirements	
142 D	
273.13(c)(2)(iii)	

	

	
immediately transfers any mercury resulting from spills or leaks from broken ampules from the containment device to a container that meets 262.34 requirements	
142 D	
273.13(c)(2)(iv)	

	

	
ensures that the area where ampules are removed is well ventilated and monitored to ensure compliance with applicable OSHA mercury exposure levels	
142 D	
273.13(c)(2)(v)	

	

	
ensures that employees are thoroughly familiar with mercury handling and emergency procedures including transfer of mercury from containment devices to appropriate containers	
142 D	
273.13(c)(2)(vi)	

	

	
stores removed ampules in closed, non-leaking containers that are in good condition; and	
142 D	
273.13(c)(2)(vii)	

	

6	
packs removed ampules in the container with packing materials adequate to prevent breakage	
142 D	
273.13(c)(2)(viii)	

	

	
a small quantity handler who removes mercury-containing ampules from thermostats must determine whether the following exhibit a hazardous waste characteristic	
142 D	
273.13(c)(3)(i)	

	

	
mercury or clean-up residues resulting from spills or leaks; and/or	
142 D	
273.13(c)(3)(i)(A)	

	

	
other solid waste generated as result of removing mercury-containing ampules	
142 D	
273.13(c)(3)(i)(B)	

	

	
if a characteristic is exhibited, the mercury, residues and/or solid waste is subject to Parts 260 through 272; the handler is considered a hazardous waste generator	
142 D	
273.13(c)(3)(ii)	

	

	
if not hazardous, then handler may manage the mercury, residues and/or solid waste in any way that is in compliance with applicable Federal, State or local solid waste regulations	
142 D	
273.13(c)(3)(iii)	

	

1	
small quantity handlers  must manage lamps to prevent releases	
181	
273.13(d)	

	

1	
lamp must be in containers that are structurally sound, adequate to prevent breakage & compatible; containers must remain closed & lack evidence of leakage, spillage or damage that could cause leakage	
181	
273.13(d)(1)	

	

1	
immediately clean up & place in a container any broken lamp or lamp with evidence of breakage, leakage, or damage that could cause a leak; containers must be closed, structurally sound, compatible, & lack evidence of leakage, spillage or damage that could cause a leak	
181	
273.13(d)(2)	

	

H	
LABELING/MARKING	

a small quantity handler of universal waste must label or mark the universal waste to identify the type of universal waste as specified in 273.14(a) through (d)	
142 A	
273.14 intro	

	

	
each battery, or a container in which the batteries are contained, must be labeled or marked clearly with "Universal Waste--Battery(ies)" or "Waste Battery(ies)" or "Used Battery(ies)"	
142 B	
273.14(a)	

	

	
for recalled 273.3(a)(1) pesticides, the container (or multiple container package unit), tank, transport vehicle or vessel must be labeled/marked with:	
142 C	
273.14(b)	

	

	
the label that was on or accompanied the product as sold or distributed	
142 C	
273.14(b)(1)	

	

	
the words "Universal Waste-Pesticide(s)" or "Waste-Pesticide(s)"	
142 C	
273.14(b)(2)	

	

	
for unused 273.3(a)(2) pesticides, the container, tank or transport vehicle or vessel must be labeled/marked with:	
142 C	
273.14(c)	

	

	
the label that was on the product when purchased, if still legible	
142 C	
273.14(c)(1)(i)	

	

	
if 273.14(c)(1)(i) labeling not feasible, then the appropriate label as required under 49 CFR Part 172	
142 C	
273.14(c)(1)(ii)	

	

	
if 273.14(c)(1)(i) or (ii) labeling not feasible, then another label prescribed or designated by the waste pesticide collection program administered or recognized by a State	
142 C	
273.14(c)(1)(iii)	

	

	
the words "Universal Waste-Pesticide(s)" or "Waste-Pesticide(s)"	
142 C	
273.14(c)(2)	

	

	
universal waste thermostats, or a container in which the thermostats are contained, must be labeled or marked clearly with "Universal Waste--Mercury Thermostat(s)" or "Waste Mercury Thermostat(s)" or "Used Mercury Thermostat(s)"	
142 D	
273.14(d)	

	

1	
each lamp or container in which lamps are contained must be clearly labeled or marked with AUniversal WasteBLamp(s)@ or AWaste Lamp(s)@ or AUsed Lamp(s)@	
181	
273.14(e)	

	

H	
ACCUMULATION TIME LIMITS	

one year accumulation period for small quantity handlers unless 273.15(b) requirements are met	
142 A	
273.15(a)	

	

	
an accumulation period longer than one year is allowed if activity is solely for the purpose of accumulating such quantities of universal wastes as necessary for proper  recovery, treatment, or disposal; handler bears burden of proof	
142 A	
273.15(b)	

	

	
small quantity handlers must be able to demonstrate the length of time the universal waste has been accumulated; this demonstration is made by:	
142 A	
273.15(c)	

	

	
placing the universal waste in a container and marking or labeling with the earliest date that any universal waste in the container became a waste or was received	
142 A	
273.15(c)(1)	

	

	
marking or labeling each individual item of universal waste with date  it became a waste or was received	
142 A	
273.15(c)(2)	

	

	
maintaining an inventory system on-site that identifies the date each universal waste became a waste or was received	
142 A	
273.15(c)(3)	

	

	
maintaining an inventory system on-site that identifies the earliest date that any universal waste in a group of universal waste items or group of containers of universal waste became a waste or was received	
142 A	
273.15(c)(4)	

	

	
placing universal waste in a specific accumulation area and identifying the earliest date that any universal waste in the area became a waste or was received	
142 A	
273.15(c)(5)	

	

	
any method clearly demonstrating the length of time that the universal waste has been accumulated	
142 A	
273.15(c)(6)	

	

H	
EMPLOYEE TRAINING	

small quantity handler employees who handle or are responsible for managing universal wastes must be informed of the proper handling and emergency procedures for the universal waste(s) handled	
142 A	
273.16	

	

H	
RESPONSE TO RELEASES	

a small quantity handler must immediately contain all releases of universal waste and other residues from universal wastes	
142 A	
273.17(a)	

	

	
determine if material resulting from  a release is hazardous waste and manage it in compliance with all applicable Part 260 through 272 requirements; the handler is considered the generator and must be managed in compliance with Part 262	
142 A	
273.17(b)	

	

H	
OFF-SITE SHIPMENTS	

small quantity handlers are prohibited from sending or taking universal waste to a place other than another universal waste handler, a destination facility, or a foreign destination	
142 A	
273.18(a)	

	

	
when small quantity handler transports off-site, the handler becomes a universal waste transporter subject to the Part 273, Subpart D requirements while transporting the universal waste	
142 A	
273.18(b)	

	

	
if the universal waste being transported off-site meets 49 CFR Parts 171-180 definition of hazardous materials, small quantity handlers must follow DOT requirements for packaging, labeling, marking, placarding, and tracking	
142 A	
273.18(c)	

	

	
prior to shipment from the originating handler, the receiving handler must agree to receive the shipment 	
142 A	
273.18(d)	

	

	
if the receiving handler rejects the shipment, the originating handler must either:	
142 A	
273.18(e)	

	

	
receive the waste back when notified that the shipment has been rejected, or	
142 A	
273.18(e)(1)	

	

	
agree with the receiving handler on a destination facility to which the shipment will be sent	
142 A	
273.18(e)(2)	

	

	
a small quantity handler can reject a universal waste shipment or a portion of a shipment; if rejected, the handler must notify the originating handler and either:	
142 A	
273.18(f)	

	

	
send the shipment back to the originating handler, or	
142 A	
273.18(f)(1)	

	

	
if agreed to by both the originating and receiving handler, send the shipment to a destination facility	
142 A	
273.18(f)(2)	

	

	
if small quantity handler receives a shipment containing hazardous waste that is  not a universal waste, the handler must immediately notify EPA of the illegal shipment and provide the name, address, and phone number of the originating shipper; EPA will provide instructions for managing the hazardous waste	
142 A	
273.18(g)	

	

	
if a small quantity handler receives a non-hazardous, non-universal waste shipment, the handler may manage the waste in any way that is in compliance with applicable Federal, State or local solid waste regulations	
142 A	
273.18(h)	

	

H	
TRACKING UNIVERSAL WASTE SHIPMENTS	

small quantity handlers are not required to keep records of universal waste shipments	
142 A	
273.19	

	

H	
EXPORTS	

a small quantity handler who sends universal waste to a foreign destination, other than to OECD countries in 262.58(a)(1), must:	
142 A,
H152	
273.20 intro	

	

	
comply with the 262.53, 262.56(a)(1)-(4)&(6), 262.56(b), and 262.57 primary exporter requirements	
142 A	
273.20(a)	

	

	
export only upon consent of the receiving country and in conformance with the EPA Acknowledgment of Consent	
142 A	
273.20(b)	

	

7	
provide a copy of the EPA Acknowledgment of Consent for the shipment to the transporter transporting the shipment for export	
142 A	
273.20(c)	

	

	
SUBPART C-STANDARDS FOR LARGE QUANTITY HANDLERS OF UNIVERSAL WASTE	

H	
APPLICABILITY	

1	
Part 273, Subpart C applies to large quantity handlers of universal waste	
142 A,  H181	
273.30	

	

H	
PROHIBITIONS	

a large quantity handler of universal waste is:	
142 A	
273.31 intro	

	

	
prohibited from disposing of universal waste; and	
142 A	
273.31(a)	

	

	
prohibited from diluting or treating universal waste, except by responding to releases as per 273.37 or by managing a specific waste as provided in 273.33	
142 A	
273.31(b)	

	

H	
NOTIFICATION	

except as provided in 273.32(a)(2)&(3), a large quantity handler must have sent written notification of universal waste management to the Regional Administrator and received an EPA identification number before meeting or exceeding the 5,000 kg storage limit	
142 A
142 C	
273.32(a)(1)	

	

	
a large quantity handler who has already notified EPA of hazardous waste activities and has an EPA identification number, is not required to re-notify	
142 A	
273.32(a)(2)	

	

	
a large quantity handler of 273.3(a)(1) recalled pesticides who has sent EPA notification as per 40 CFR 165 is not required to notify under 273.32 for those recalled universal wastes  	
142 C	
273.32(a)(3)	

	

	
what the notification must include:	
142 A	
273.32(b)	

	

	
the universal waste handler's name and mailing address	
142 A	
273.32(b)(1)	

	

	
the name and business telephone number of the person at the universal waste handler's site who should be contacted 	
142 A	
273.32(b)(2)	

	

	
the address or physical location of the universal waste management activities	
142 A	
273.32(b)(3)	

	

1	
a list of all the types of universal waste managed by the handler	
142 A,  H181	
273.32(b)(4)	

	

1	
a statement that the handler is accumulating more than 5,000 kg of universal waste at one time and the type of waste accumulating above this quantity	
142 A,  H181	
273.32(b)(5)	

	

H	
WASTE MANAGEMENT	

large quantity handlers of universal waste must manage waste batteries to prevent release	
142 B	
273.33(a)	

	

	
contain any universal waste battery that shows evidence of leakage, spillage, or damage; container must be closed, structurally sound, compatible, and lack evidence of leakage, spillage or damage that could cause a leak	
142 B	
273.33(a)(1)

	

	

activities that may be conducted as long as the casing of each battery is not breached and remains intact and closed, except for electrolyte removal:	
142 B	
273.33(a)(2)

	

	

sorting batteries by type	
142 B	
273.33(a)(2)(i)	

	

	
mixing batteries by type	
142 B	
273.33(a)(2)(ii)	

	

	
discharging batteries so as to remove the electric charge	
142 B	
273.33(a)(2)(iii)	

	

	
regenerating used batteries	
142 B	
273.33(a)(2)(iv)	

	

	
disassembling batteries or battery packs into individual batteries or cells	
142 B	
273.33(a)(2)(v)	

	

	
removing batteries from consumer products	
142 B	
273.33(a)(2)(vi)	

	

	
removing electrolyte from batteries	
142 B	
273.33(a)(2)(vii)	

	

	
resulting electrolyte and other solid wastes must be tested to determine if they exhibit a hazardous waste characteristic	
142 B	
273.33(a)(3)	

	

	
if a characteristic is exhibited, the electrolyte and/or solid waste is subject to Parts 260 through 272; the handler is considered a hazardous waste generator	
142 B	
273.33(a)(3)(i)	

	

	
if not hazardous, then handler may manage the waste in any way that is in compliance with applicable Federal, State or local solid waste regulations	
142 B	
273.33(a)(3)(ii)	

	

	
large quantity handlers of universal waste must manage waste pesticides to prevent release; universal waste pesticide must be contained in one or more of the following:	
142 C	
273.33(b)	

	

	
a container that remains closed, structurally sound, compatible with the pesticide, and lacks evidence of leakage, spillage, or damage that could cause a leak	
142 C	
273.33(b)(1)	

	

	
a container that does not meet the requirements of 273.33(b)(1), provided that the unacceptable container is overpacked in a container that meets the 273.33(b)(1) requirements	
142 C	
273.33(b)(2)	

	

	
a tank meeting the Part 265, Subpart J requirements (except for 265.197(c), 265.200 and 265.201); or	
142 C	
273.33(b)(3)	

	

	
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 a leak	
142 C	
273.33(b)(4)	

	

	
large quantity handler must manage universal waste thermostats to prevent releases	
142 D	
273.33(c)	

	

	
contain any universal waste thermostat that show evidence of leakage, spillage, or damage; container must be closed, structurally sound, compatible, and lack evidence of leakage, spillage or damage that could cause a leak	
142 D	
273.33(c)(1)	

	

	
a large quantity handler of universal waste may remove mercury-constraining ampules from universal waste thermostats provided the handler:	
142 D	
273.33(c)(2)	

	

	
removes the ampules in a manner designed to prevent breakage of the ampules	
142 D	
273.33(c)(2)(i)	

	

	
removes ampules only over or in a containment device	
142 D	
273.33(c)(2)(ii)	

	

	
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 262.34 requirements	
142 D	
273.33(c)(2)(iii)	

	

	
immediately transfers any mercury resulting from spills or leaks from broken ampules from the containment device to a container that meets 262.34 requirements	
142 D	
273.33(c)(2)(iv)	

	

	
ensures that the area where ampules are removed is well ventilated and monitored to ensure compliance with applicable OSHA mercury exposure levels	
142 D	
273.33(c)(2)(v)	

	

	
ensures that employees are thoroughly familiar with mercury handling and emergency procedures including transfer of mercury from containment devices to appropriate containers	
142 D	
273.33(c)(2)(vi)	

	

	
stores removed ampules in closed, non-leaking containers that are in good condition; and	
142 D	
273.33(c)(2)(vii)	

	

8	
packs removed ampules in the container with packing materials adequate to prevent breakage	
142 D	
273.33(c)(2)(viii)	

	

	
a large quantity handler who removes mercury-containing ampules from thermostats must determine whether the following exhibit a hazardous waste characteristic	
142 D	
273.33(c)(3)(i)	

	

	
mercury or clean-up residues resulting from spills or leaks	
142 D	
273.33(c)(3)(i)(A)	

	

	
other solid waste generated as result of removing mercury-containing ampules	
142 D	
273.33(c)(3)(i)(B)	

	

	
if a characteristic is exhibited, the mercury, residues and/or solid waste is subject to Parts 260 through 272; the handler is considered a hazardous waste generator	
142 D	
273.33(c)(3)(ii)	

	

	
if not hazardous, then handler may manage the mercury, residues and/or solid waste in any way that is in compliance with applicable Federal, State or local solid waste regulations	
142 D	
273.33(c)(3)(iii)	

	

1	
large quantity handlers of universal waste must manage lamps to prevent releases	
181	
273.33(d)	

	

1	
lamp must be in containers that are structurally sound, adequate to prevent breakage & compatible; containers must remain closed & lack evidence of leakage, spillage or damage that could cause leakage	
181	
273.33(d)(1)	

	

1	
immediately clean up & place in a container any broken lamp or lamp with evidence of breakage, leakage, or damage that could cause a leak; containers must be closed, structurally sound, compatible, & lack evidence of leakage, spillage or damage that could cause a leak	
181	
273.33(d)(2)	

	

H	
LABELING/MARKING	

a large quantity handler of universal waste must label or mark the universal waste to identify the type of universal waste as specified in 273.34(a) through (d)	
142 A	
273.34 intro	

	

	
each battery, or a container or tank in which the batteries are contained, must be labeled or marked clearly with "Universal Waste--Battery(ies)" or "Waste Battery(ies)" or "Used Battery(ies)"	
142 B	
273.34(a)	

	

	
for recalled 273.3(a)(1) pesticides, the container (or multiple container package unit), tank, transport vehicle or vessel must be labeled/marked with:	
142 C	
273.34(b)	

	

	
the label that was on or accompanied the product as sold or distributed	
142 C	
273.34(b)(1)	

	

	
the words "Universal Waste--Pesticide(s)" or "Waste--Pesticide(s)"	
142 C	
273.34(b)(2)	

	

	
for unused 273.3(a)(2) pesticides, the container, tank or transport vehicle or vessel must be labeled/marked with:	
142 C	
273.34(c)	

	

	
the label that was on the product when purchased, if still legible	
142 C	
273.34(c)(1)(i)	

	

	
if 273.34(c)(1)(i) labeling not feasible, then the appropriate label as required under 49 CFR Part 172	
142 C	
273.34(c)(1)(ii)	

	

	
if 273.34(c)(1)(i) or (ii) labeling not feasible, then another label prescribed or designed by the pesticide collection program 	
142 C	
273.34(c)(1)(iii)	

	

	
the words "Universal Waste--Pesticide(s)" or "Waste--Pesticide(s)"	
142 C	
273.34(c)(2)	

	

	
universal waste thermostats or container or tank in which the thermostats are contained must be labeled or marked clearly with "Universal Waste--Mercury Thermostat(s)" or "Waste Mercury Thermostat(s)" or "Used Mercury Thermostat(s)"	
142 D	
273.34(d)	

	

1	
each lamp or container in which lamps are contained must be clearly labeled or marked with AUniversal WasteBLamp(s)@ or AWaste Lamp(s)@ or AUsed Lamp(s)@	
181	
273.34(e)	

	

H	
ACCUMULATION TIME LIMITS	

one year accumulation period for large quantity handlers, unless 273.35(b) requirements are met	
142 A	
273.35(a)	

	

	
an accumulation period longer than one year is allowed if activity is solely for the purpose of accumulating such quantities of universal wastes as necessary for proper recovery, treatment, or disposal; handler bears burden of proof	
142 A	
273.35(b)	

	

	
large quantity handlers must be able to demonstrate the length of time the universal waste has been accumulated; this demonstration is made by:	
142 A	
273.35(c)	

	

	
placing the universal waste in a container and marking or labeling with the earliest date that any universal waste in the container became a waste or was received	
142 A	
273.35(c)(1)	

	

	
marking or labeling the individual item of universal waste with the date it became a waste or was received	
142 A	
273.35(c)(2)	

	

	
maintaining an inventory system on-site that identifies the date the universal waste became a waste or was received	
142 A	
273.35(c)(3)	

	

	
maintaining an inventory system on-site that identifies that earliest date that any universal waste in a group of universal waste items or a group of containers of universal waste became a waste or was received	
142 A	
273.35(c)(4)	

	

	
placing universal waste in a specific accumulation area and identifying the earliest date that any universal waste in area became a waste or was received	
142 A	
273.35(c)(5)	

	

	
any other method clearly demonstrating the length of time that the universal waste has been accumulated from the date becomes a waste or is received	
142 A	
273.35(c)(6)	

	

H	
EMPLOYEE TRAINING	

large quantity handlers must ensure that employees are thoroughly familiar with proper waste handling and emergency procedures	
142 A	
273.36	

	

H	
RESPONSE TO RELEASES	

a large quantity handler must immediately contain all releases of universal waste and other residues from universal wastes	
142 A	
273.37(a)	

	

	
determine whether material resulting from the release is hazardous waste; if so, manage it in compliance with all applicable Part 260 through 272 requirements; the handler is considered the generator and subject to the Part 262 requirements	
142 A	
273.37(b)	

	

H	
OFF-SITE SHIPMENTS	

large quantity handlers are prohibited from sending or taking universal waste to a place other than to another universal waste handler, a destination facility, or a foreign destination	
142 A	
273.38(a)	

	

	
when a large quantity handler transports off-site, the handler becomes a universal waste transporter subject to the Part 273, Subpart D requirements while transporting the waste	
142 A	
273.38(b)	

	

	
if the universal waste being transported off-site meets 49 CFR Parts 171-180 definition of hazardous materials, large quantity handlers must follow DOT requirements for packaging, labeling, marking, placarding, and tracking	
142 A	
273.38(c)	

	

	
prior to shipment from the originating handler, the receiving handler must agree to receipt of shipment 	
142 A	
273.38(d)	

	

	
if the receiving handler rejects the shipment, the originating handler must either:	
142 A	
273.38(e)	

	

	
receive the waste back when notified that the shipment has been rejected, or	
142 A	
273.38(e)(1)	

	

	
agree with the receiving handler on a destination facility to which the shipment will be sent	
142 A	
273.38(e)(2)	

	

	
a large quantity handler can reject a universal waste shipment or a portion of a shipment; if rejected, the handler must notify the originating handler and either:	
142 A	
273.38(f)	

	

	
send the shipment back to the originating handler, or	
142 A	
273.38(f)(1)	

	

	
if agreed to by both the originating and receiving handler, send the shipment to a destination facility	
142 A	
273.38(f)(2)	

	

	
if large quantity handler receives a shipment containing hazardous waste that is  not a universal waste, the handler must immediately notify EPA of the illegal shipment and provide the name, address, and phone number of the originating shipper; EPA will provide instructions for managing hazardous the waste	
142 A	
273.38(g)	

	

	
if a large quantity handler receives a non-hazardous, non-universal waste shipment, the handler may manage the waste in any way that is in compliance with applicable Federal, State or local solid waste regulations	
142 A	
273.38(h)	

	

H	
TRACKING UNIVERSAL WASTE SHIPMENTS	

large quantity handlers must keep a record of each universal waste shipment received; what form the record can take; the record must include:	
142 A	
273.39(a)	

	

	
name and address of originating handler or foreign shipper	
142 A	
273.39(a)(1)	

	

	
quantity of each type of universal waste received	
142 A	
273.39(a)(2)	

	

	
the date the shipment was received	
142 A	
273.39(a)(3)	

	

	
large quantity handlers must keep a record of each universal waste shipment sent from the handler to other facilities; what form the record can take; the record must include:	
142 A	
273.39(b)	

	

	
name and address of the universal waste handler, destination facility, or foreign destination to whom the universal waste was sent	
142 A	
273.39(b)(1)	

	

	
quantity of each universal waste type sent	
142 A	
273.39(b)(2)	

	

	
the date the shipment left the facility	
142 A	
273.39(b)(3)	

	

	
large quantity handlers must retain the 273.39(a) records for at least 3 years from the date of receipt of a shipment	
142 A	
273.39(c)(1)	

	

	
large quantity handlers must retain the 273.39(b) records for at least 3 years from the date a shipment left the facility	
142 A	
273.39(c)(2)	

	

H	
EXPORTS	

a large quantity handler who sends universal waste to a foreign destination, other than to OECD countries in 262.58(a)(1), must:	
142 A,
H152	
273.40 intro	

	

	
comply with the 262.53, 262.56(a)(1)-(4)&(6), 262.56(b), and 262.57 primary exporter requirements	
142 A	
273.40(a)	

	

7	
export only upon consent of the receiving country and in conformance with the EPA Acknowledgment of Consent as defined in 262, Subpart E	
142 A	
273.40(b)	

	

7	
provide a copy of the EPA Acknowledgment of Consent for the shipment to the transporter transporting the shipment for export	
142 A	
273.40(c)	

	

	
	SUBPART D-STANDARDS FOR UNIVERSAL WASTE TRANSPORTERS	

H	
APPLICABILITY	

1	
Part 273, Subpart D applies to universal waste transporters	
142 A,  H181	
273.50 	

	

H	
PROHIBITIONS	

a universal waste transporter is:	
142 A	
273.51 intro	

	

	
prohibited from disposing of universal waste	
142 A	
273.51(a)	

	

	
prohibited from diluting or treating universal waste, except by responding to releases as 273.54 provides	
142 A	
273.51(b)	

	

H	
WASTE MANAGEMENT	

universal waste transporters must comply with applicable 49 CFR Parts 171-180 DOT requirements for transport of any universal waste that meets the definition of hazardous material at 49 CFR 171.8; under the DOT regulations, a material is a hazardous waste if it is subject to the Part 262 hazardous waste manifest requirements; because universal waste does not require a hazardous waste manifest, it is not considered a hazardous waste under the DOT regulations	
142 A	
273.52(a)	

	

	
those universal wastes meeting the criteria for one or more hazard classes specified at 49 CFR 173.2 are regulated by DOT as hazardous materials;  because universal waste shipments do not require a Part 262 manifest, they may not be described by the DOT proper shipping name "hazardous waste,(l) or (s), n.o.s.", nor may the hazardous material's proper shipping name be modified by adding the word "waste"	
142 A	
273.52(b)	

	

H	
STORAGE TIME LIMITS	

universal waste transporters may store universal wastes at a universal waste transfer facility for 10 days or less	
142 A	
273.53(a)	

	

	
if waste is stored longer than 10 days, the transporter becomes a universal waste handler and must comply with Part 273, Subparts B or C, as applicable	
142 A	
273.53(b)	

	

H	
RESPONSE TO RELEASES	

a universal waste transporter must immediately contain all releases of universal wastes and other residues from universal wastes	
142 A	
273.54(a)	

	

	
a universal waste transporter must determine whether material resulting from release is hazardous and subject to Parts 260-272; if the waste is hazardous, the transporter is subject to Part 262	
142 A	
273.54(b)	

	

H	
OFF-SITE SHIPMENTS	

universal waste transporters are prohibited from transporting universal waste to a place other than a universal waste handler, a destination facility or a foreign destination	
142 A	
273.55(a)	

	

	
if universal waste meets DOT's definition of hazardous materials under 49 CFR 171.8, the shipment must be properly described on a shipping paper in accordance with 49 CFR Part 172	
142 A	
273.55(b)	

	

H	
EXPORTS	

7	
a universal waste transporter may not accept shipment to a foreign destination, other than to OECD countries in 262.58(a)(1), if it is known that the shipment does not conform with the EPA Acknowledgment of Consent; the transporter must also ensure:	
142 A,
H152	
273.56 intro	

	

7	
a copy of the EPA Acknowledgment of Consent accompanies the shipment	
142 A	
273.56(a)	

	

	
the shipment is delivered to the facility designated by the person initiating the shipment	
142 A	
273.56(b)	

	

	
	SUBPART E-STANDARDS FOR DESTINATION FACILITIES	

H	
APPLICABILITY	

1	
owner/operator of a destination facility is subject to all applicable requirements of Parts 264, 265, 266, 268, 270, and 124 and the RCRA '3010 notification requirements	
142 A, H181	
273.60(a)	

	

	
owner/operator of a destination facility who recycles without storing that universal waste  must comply with 261.6(c)(2)	
142 A	
273.60(b)	

	

H	
OFF-SITE SHIPMENTS	

owner/operator of a destination facility is prohibited from sending or taking universal waste to a place other than a universal waste handler, another destination facility or a foreign destination	
142 A	
273.61(a)	

	

	
owner/operator of a destination facility may reject a universal waste shipment or a portion of a shipment; if rejected, the owner/operator must notify the shipper and either:	
142 A	
273.61(b)	

	

	
send shipment back to the original shipper, or	
142 A	
273.61(b)(1)	

	

	
if agreed by both the shipper and the owner/operator, the shipment is sent to another destination facility	
142 A	
273.61(b)(2)	

	

	
if the owner/operator of a destination facility receives a shipment containing hazardous waste that is  not a universal waste, owner/operator must immediately notify EPA of the illegal shipment and provide the name, address, and phone number of the originating shipper; EPA will provide instructions for managing the hazardous waste	
142 A	
273.61(c)	

	

	
if non-hazardous, non-universal waste is received, the owner/operator may manage the waste in any that is in compliance with applicable Federal or State solid waste regulations	
142 A	
273.61(d)	

	

H	
TRACKING UNIVERSAL WASTE SHIPMENTS	

owner/operator of a destination facility must keep a record of each shipment received; what form the record may take; the record should include:	
142 A	
273.62(a)	

	

	
name and address of the universal waste handler, destination facility, or foreign shipper from whom the universal waste was sent	
142 A	
273.62(a)(1)	

	

	
quantity of each universal waste type received	
142 A	
273.62(a)(2)	

	

	
the date the shipment was received	
142 A	
273.62(a)(3)	

	

	
273.62(a) records must be retained for at least three years from the date of receipt of shipment of universal waste	
142 A	
273.62(b)	

	

	
SUBPART F-IMPORT REQUIREMENTS	

H	
IMPORTS	

persons managing imported universal waste are subject to Part 273, Subpart F requirements immediately after the waste enters the U.S.	
142 A,
H152	
273.70 intro	

	

	
universal waste transporters are subject to the Part 273, Subpart D requirements	
142 A	
273.70(a)	

	

	
universal waste handlers are subject to the small or large quantity waste handler requirements in Part 273, Subparts B or C	
142 A	
273.70(b)	

	

	
owners/operators of destination facilities are subject to the Part 273, Subpart E requirements	
142 A	
273.70(c)	

	

H	
persons managing universal waste imported from OECD countries in 262.58(a)(1) are subject to 273.70(a) through (c) in addition to part 262, subpart H	
152	
273.70(d)	

	

	
	SUBPART G-PETITIONS TO INCLUDE OTHER WASTES UNDER 40 CFR PART 273	

H	
GENERAL	

persons seeking to add a hazardous waste or a category, may petition under 260.20, 260.23, and Part 273, Subpart G.	
142 E	
273.80(a)	

	

	
what the petitioner must demonstrate to be successful; petition must include the 260.20(b) information; 273.81 factors	
142 E	
273.80(b)	

	

	
Administrator will use the 273.81 factors to evaluate and decide; factors on which the decision will be based	
142 E	
273.80(c)	

	

H	
FACTORS FOR PETITIONS TO INCLUDE OTHER WASTES UNDER 40 CFR PART 273	

1	
waste or waste category, as generated by a wide variety of generators, is a listed waste or, if not listed, a proportion of the waste stream exhibits one or more of the 261, Subpart C hazardous waste characteristics; how the definition of universal waste is amended when a characteristic waste is added; only that portion of the waste stream exhibiting one or more characteristics (i.e., is a hazardous waste) is subject to Part 273	
142 E, H181	
273.81(a)	

	

	
waste or waste category is not exclusive to a specific industry or group of industries and is commonly generated by a wide variety of establishments	
142 E	
273.81(b)	

	

	
waste or waste category is generated by a large number of generators and is frequently generated in small quantities by each generator	
142 E	
273.81(c)	

	

	
collection systems for waste or waste category would ensure close stewardship of the waste	
142 E	
273.81(d)	

	

	
low risk posed by accumulation and transport of waste or waste category; specific proposed management standards would be protective of human health and the environment during accumulation and transport	
142 E	
273.81(e)	

	

	
Part 273 regulation of waste or waste category will increase the likelihood that the waste will be diverted from non-hazardous waste management systems to recycling, treatment, or disposal in compliance with RCRA Subtitle C	
142 E	
273.81(f)	

	

	
Part 273 regulation will improve implementation and compliance with hazardous waste regulatory program	
142 E	
273.81(g)	

	

	
such other factors as may be appropriate	
142 E	
273.81(h)