Connecticut Administrative Code › Title 22a - Environmental Protection › 449(c) - Hazardous Waste Management › Section 22a-449(c)-113 - Standards for universal waste management

Current through July 10, 2024
(a)
Incorporation by Reference
(1)40
			 CFR 273 is incorporated by reference in its entirety except as provided in
			 subdivision (2) of this subsection and except for the provision of this
			 subdivision which is not incorporated:
			 40
			 CFR 273.32(a)(3) (regarding
			 an exemption from notification requirements for large quantity handlers of
			 recalled universal waste pesticides)
(2)40 CFR 273 is incorporated by reference in
			 its entirety except for the provisions of this subdivision which are
			 incorporated by reference with the specified changes:
(A)
										40 CFR
			 273.1(a)(3)
- delete "and"
(B)
										40 CFR
			 273.1(a)(4)
- delete the period and replace with "; and"
- add a new paragraph (5) as follows: "(5) Used electronics as
				described in section
				22a-449(c)
				-113(b) of the Regulations of Connecticut State Agencies."
(C)
										40 CFR
			 273.1(b)
- at the end of the paragraph add the following: "Universal
				wastes that are not managed in compliance with the requirements of section
				22a-449(c)
				-113 of the Regulations of Connecticut State Agencies shall be managed in
				compliance with sections
				22a-449(c)
				-100 to 110, inclusive, of the Regulations of Connecticut State
				Agencies."
(D)
										40
			 CFR 273.8(b)
- delete "the wastes" and replace with "the waste"
- delete "(a)(1) and (a)(2)" and replace with "(a)(1) or
				(a)(2)"
(E)
										40
			 CFR 273.9
- add the following introductory sentence: "For purposes of 40
				CFR 273, the terms below shall be defined as follows:
- in the definition of "Battery", after "An electrochemical
				cell is a" insert "self-contained"
- in the definition of "lamp", delete "is defined as" and
				replace with "means" and in the third sentence delete "common"
- in the definition of "Large Quantity Handler of Universal
				Waste", delete "or lamps" and replace with "lamps, or used electronics"
- in the definition of "Pesticide", delete "FFDCA section
				201(w)" and replace with "
				21 USC
				321(v), section
				201(w)
				of the Federal Food, Drug, and Cosmetic Act"; and delete "FFDCA section 201(x)"
				and replace with "
				21 USC
				321(w), section
				201(x)
				of the Federal Food, Drug, and Cosmetic Act "
- in the definition of "Small Quantity Handler of Universal
				Waste" delete "or lamps" and replace with "lamps, or used electronics"
- in the definition of "Universal Waste", after "273.4" delete
				"and", and after "273.5" delete the period and replace with "; and (e) used
				electronics as described in subsection (b) of this section"
- in the definition of "Destination Facility" add the following
				after the last sentence: "for purposes of 22a-449(c)-113(b) of the Regulations
				of Connecticut State Agencies, a facility that engages in the disassembly or
				demanufacturing of used electronics: (1) For the purpose of marketing,
				reselling, reusing or recycling the components of a used electronic device; (2)
				Without treating the device or any component thereof; and (3) Without breaking
				the cathode ray tube, if any, in any such device, shall not be considered a
				destination facility. A facility that shreds, crushes, heats, or otherwise
				treats a used electronic device or any component thereof, or that breaks the
				cathode ray tube in any used electronic device, shall be considered a
				destination facility."
- add a new definition of "used electronics" as follows: "used
				electronics" or "a used electronic device" means a device or component thereof
				that contains one or more circuit boards or a cathode ray tube and is used
				primarily for communication, data transfer or storage, or entertainment
				purposes, including but not limited to, desk top and lap top computers,
				computer peripherals, monitors, copying machines, scanners, printers, radios,
				televisions, camcorders, video cassette recorders ("VCRS"), compact disc
				players, digitial video disc players, MP3 players, telephones, including
				cellular and portable telephones, and stereos."
(F)
										40 CFR
			 273.13(c)(1)
- delete "contain" and replace with "place and keep"
- delete "that shows evidence of leakage, spillage, or damage
				that could cause leakage under reasonably foreseeable conditions"
- delete "lack of evidence of" and replace with "be capable of
				preventing" - delete the second occurrence of "under reasonably forseeable
				conditions"
(G)
										40 CFR
			 273.13(d)(1)
- delete "lack of evidence" and replace with "be capable of
				preventing"
- delete "under reasonably forseeable conditions"
(H)
										40 CFR
			 273.13(d)(2)
- delete "that could cause the release of mercury or other
				hazardous constituents to the environment"
- delete "lack of evidence" and replace with "be capable of
				preventing"
- delete "under reasonably foreseeable conditions"
(I)
										40 CFR
			 273.14(d)
- delete "Universal waste thermostats (i.e., each thermostat),
				or a" and replace with "Each"
(J)
										40 CFR
			 273.15(c)(2)
- after "battery" add ", lamp"
(K)
										40 CFR
			 273.17(b)
- Add to the beginning of the first sentence "Other than
				inadvertent breakage of small quantities of universal waste, including
				inadvertent breakage of small quantities during transportation, which must be
				handled as a universal waste,"
(L)
										40 CFR
			 273.18(c)
- delete ";" and replace with "."
(M)
										40 CFR
			 273.18(h)
- delete "may" and replace with "shall"
- delete "any way that is in"
(N)
										40
			 CFR 273.32(a)(1)
- delete "paragraphs (a)(2) and (3)" and replace with
				"paragraph (a)(2)"
(O)
										40
			 CFR 273.32(b)(4)
- after "lamps" add ", and used electronics"
(P)
										40
			 CFR 273.32(b)(5)
- delete "(e.g., batteries, pesticides, thermostats, and
				lamps)"
(Q)
										40 CFR
			 273.33(c)(1)
- delete delete "contain" and replace with "place and
				keep"
- delete "that shows evidence of leakage, spillage, or damage
				that could cause leakage under reasonably foreseeable conditions"
- delete "lack evidence of" and replace with "be capable of
				preventing"
- delete the second occurrence of "under reasonably forseeable
				conditions"
(R)
										40 CFR
			 273.33(d)(1)
- delete "lack evidence of" and replace with "be capable of
				preventing"
- delete "under reasonably foreseeable conditions"
(S)
										40 CFR
			 273.33(d)(2)
- delete "that could cause the release of mercury or other
				hazardous constituents to the environment"
- delete "lack evidence of" and replace with "be capable of
				preventing"
- delete "under reasonably foreseeable conditions"
(T)
										40 CFR
			 273.34(d)
- delete "Universal waste thermostats (i.e., each thermostat),
				or a" and replace with "Each"
(U)
										40 CFR
			 273.35(c)(2)
- after "battery" add ", lamp,"
(V)
										40 CFR
			 273.37(b)
- Add to the beginning of the first sentence "Other than
				inadvertent breakage of small quantities of universal waste, including
				inadvertent breakage of small quantities during transportation, which must be
				handled as a universal waste,"
(W)
										40 CFR
			 273.38(c)
- delete ";" and replace with "."
(X)
										40 CFR
			 273.38(h)
- delete "may" and replace with "shall"
- delete "any way that it is in"
(Y)
										40 CFR
			 273.39(a)(2)
- after "thermostats" add ", lamps, used electronics"
(Z)
										40 CFR
			 273.39(b)(2)
- after "thermostats" add ", lamps, used electronics"
(AA)
										40
			 CFR 273.60(a)
- after "3010 of RCRA" add the following: "and all applicable
				provisions of the Connecticut General Statutes, including but not limited to,
				section
				22a-209e
				of the Connecticut General Statutes,"
(BB)
										40 CFR
			 273.61(d)
- delete "may" and replace with "shall"
- delete "any way that it is in"
(CC)
										40 CFR
			 273.62(a)(2)
- after "thermostats" add ", lamps, used electronics"
(DD)
										40 CFR
			 273.80(a)
- delete "and
				40 CFR
				260.20 and
				260.23
				" and replace with ". In addition, the commissioner may on his own, initiate
				rulemaking in accordance with chapter 54 of the Connecticut General Statutes,
				to add a hazardous waste or category of hazardous waste to the wastes regulated
				as a universal waste under section
				22a-449(c)
				-113 of the Regulations of Connecticut State Agencies."
(EE)
										40 CFR
			 273.80(b)
- after "
				40 CFR
				260.20(b) " add "and section
				22a-3a-3(c)
				of the Regulations of Connecticut State Agencies. The petitioner shall provide
				any additional information the commissioner deems necessary to evaluate the
				petition."
(FF)
										40 CFR
			 273.80(c)
- after "grant or deny a petition" add ", as provided for in
				section
				4-174 of
				the Connecticut General Statutes,"
(3) In addition to the provisions
			 incorporated by reference in subdivision (1) of this subsection, the provisions
			 in subsection (b) to (f), inclusive, of this section shall apply.