SOLID AND HAZARDOUS
WASTE
MANAGEMENT OF USED OIL-BASED FINISHES
UNDER THE UNIVERSAL WASTE RULE IN NEW JERSEY
The following information was excerpted from
the New Jersey Administrative Code and the Code of Federal
Regulations and contains only those regulations pertaining
to the management of used oil-based finishes as universal
waste. The information is provided as guidance only and is
not a complete or judicial version of the regulations. A complete
version of the New Jersey Recycling Regulations (N.J.A.C.
7:26A) can be downloaded from the Internet at www.state.nj.us/dep/dshw.
The Federal Universal Waste Rule (40 CFR part 273) is available
at www.epa.gov.
Definitions:
“Large quantity handler of universal waste”
means a universal waste handler who accumulates 5,000 kilograms
or more, total, of universal waste (calculated collectively)
at any time. Such designation as a large quantity handler of
universal waste is retained through the end of the calendar
year in which 5,000 kilograms or more total of universal waste
is accumulated.
“Oil-based finishes” means any paint or other finish
which may exhibit, or is known to exhibit, a hazardous waste
characteristic, or which contains a listed hazardous waste,
and is in its original packaging, or otherwise appropriately
contained and clearly labeled. Examples of oil-based finishes
include, but are not limited to, oil-based paints, lacquers,
stains, and aerosol paint cans.
“Small quantity handler of universal waste” means
a universal waste handler, as defined in this section, who accumulates
less than 5,000 kilograms total of universal waste (all types
of universal wastes calculated collectively) at any time.
“Universal Waste handler” means a generator of
universal waste or 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. “
Universal waste handler” does not mean a person who treats
(except under the provisions of N.J.A.C. 7:26A-7.2(d)1 or 3,
or N.J.A.C. 7:26A-7.3(d)1 or 3), disposes of, or recycles universal
waste, or a person engaged in the off-site transportation of
universal waste by air, rail, highway, or water, including a
universal waste transfer facility.
Small Quantity Handler Requirements for Oil-Based Finishes
(1) A small quantity handler of universal waste is:
(a) Prohibited from disposing of universal waste; and
(b) Prohibited from diluting or treating universal waste,
except by responding to releases as provided in 40 CFR 273.17;
or by managing specific wastes as provided in 40 CFR 273.13.
(2) A small quantity handler of universal waste is not required
to notify the Department of universal waste handling activities.
(3) A small quantity handler of universal waste shall manage
oil-based finishes, in its original or otherwise appropriate
and labeled packaging, in a way that prevents releases of any
universal waste or component of a universal waste to the environment,
as follows:
(a) A small quantity handler of universal waste shall contain
oil-based finishes 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 oil-based
finishes, and shall lack evidence of leakage, spillage, or
damage that could cause leakage under reasonably foreseeable
conditions.
(b) A small quantity handler of universal waste shall not
in any way process any oil-based finishes (examples: including,
but not limited to, opening, blending, filtering).
(4) A container (or multiple container package unit), tank,
transport vehicle or other vessel in which oil-based waste finishes
contained, shall be labeled or marked clearly with the following
phrase: “Universal Waste – Oil-based Finish”.
(5) A small quantity handler of universal waste may accumulate
universal waste for no longer than one year from the date the
universal waste is generated, or received from another handler,
unless the requirements of paragraph (6) of this section are
met.
(6) A small quantity handler of universal waste may accumulate
universal waste for longer than one year from the date the universal
waste is generated, or received from another handler, if such
activity is solely for the purpose of accumulation of such quantities
of universal waste as necessary to facilitate proper recovery,
treatment, or disposal. However, the handler bears the burden
of proving that such activity is solely for the purpose of accumulation
of such quantities of universal waste as necessary to facilitate
proper recovery, treatment, or disposal.
(7) A small quantity handler of universal waste who accumulates
universal waste must be able to demonstrate the length of time
that the universal waste has been accumulated from the date
it becomes a waste or is received. The handler may make this
demonstration by:
(a) Placing the universal waste in a container and marking
or labeling the container with the earliest date that any
universal waste in the container became a waste or was received;
(b) Marking or labeling each individual item of universal
waste (e.g., each battery or thermostat) with the date it
became a waste or was received;
(c) Maintaining an inventory system on-site that identifies
the date each universal waste became a waste or was received;
(d) Maintaining an inventory system on-site that identifies
the earliest date that anyuniversal waste in a group of universal
waste items or a group of containers of universal waste became
a waste or was received;
(e) Placing the 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; or
(f) Any other method which clearly demonstrates the length
of time that the universal waste has been accumulated from
the date it becomes a waste or is received.
(8) A small quantity handler of universal waste must inform
all employees who handle or have responsibility for managing
universal waste. The information must describe proper handling
and emergency procedures appropriate to the type(s) of universal
waste handled at the facility.
(9) A small quantity handler of universal waste must immediately
contain all releases of universal wastes and other residues
from universal wastes.
(10) A small quantity handler of universal waste must determine
whether any material resulting from the release is hazardous
waste, and if so, must manage the hazardous waste in compliance
with all applicable requirements of 40 CFR parts 260 through
272. The handler is considered the generator of the material
resulting from the release, and must manage it in compliance
with 40 CFR part 262.
(11) A small quantity handler of universal waste is prohibited
from sending or taking universal waste to a place other than
another universal waste handler, a destination facility, or
a foreign destination.
(12) If a small quantity handler of universal waste self-transports
universal waste off-site, the handler becomes a universal waste
transporter for those self-transportation activities and must
comply with the transporter requirements of 40 CFR parts 273.50
through 273.56 while transporting the universal waste.
(13) If a universal waste being offered for off-site transportation
meets the definition of hazardous materials under 49 CFR parts
171 through 180, a small quantity handler ofuniversal waste
must package, label, mark and placard the shipment, and prepare
the proper shipping papers in accordance with the applicable
Department of Transportation regulations under 49 CFR parts
172 through 180;
(14) Prior to sending a shipment of universal waste to another
universal waste handler, the originating handler must ensure
that the receiving handler agrees to receive the shipment.
(15) If a small quantity handler of universal waste sends a
shipment of universal waste to another handler or to a destination
facility and the shipment is rejected by the receiving handler
or destination facility, the originating handler must either:
(a) Receive the waste back when notified that the shipment
has been rejected, or
(b) Agree with the receiving handler on a destination facility
to which the shipment will be sent.
(16) A small quantity handler of universal waste may reject
a shipment containing universal waste, or a portion of a shipment
containing universal waste that he has received from another
handler. If a handler rejects a shipment or a portion of a shipment,
he must contact the originating handler to notify him of the
rejection and to discuss reshipment of the load. The handler
must:
(a) Send the shipment back to the originating handler, or
(b) If agreed to by both the originating and receiving handler,
send the shipment to a destination facility.
(17) If a small quantity handler of universal waste receives
a shipment containing hazardous waste that is not a universal
waste, the handler must immediately notify the Department of
the illegal shipment, and provide the name, address, and phone
number of the originating shipper. The Department will provide
instructions for managing the hazardous waste.
(18) If a small quantity handler of universal waste receives
a shipment of non-hazardous, non-universal waste, the handler
may manage the waste in any way that is in compliance with applicable
federal, state or local solid waste regulations.
(19) A small quantity handler of universal waste is not required
to keep records of shipments ofuniversal waste.
(20) A small quantity handler of universal waste who sends
universal waste to a foreign destination other than to those
OECD countries specified in 40 CFR 262.58(a)(1) (in which case
the handler is subject to the requirements of 40 CFR part 262,
subpart H) must:
(a) Comply with the requirements applicable to a primary
exporter in 40 CFR 262.53, 262.56(a)(1) through (4), (6),
and (b), and 262.57;
(b) Export such universal waste only upon consent of the
receiving country and in conformance with the EPA Acknowledgement
of Consent as defined in 40 CFR part 262, subpart E; and
(c) Provide a copy of the EPA Acknowledgment of Consent for
the shipment to the transporter transporting the shipment
for export.
Large Quantity Handler Requirements for Oil-Based
Finishes
(1) A large quantity handler of universal waste is:
(a) Prohibited from disposing of universal waste; and
(b) Prohibited from diluting or treating universal waste,
except by responding to releases as provided in 40 CFR 273.37;
or by managing specific wastes as provided in 40 CFR 273.33.
(2) Except as provided in paragraph (3) of this section, a
large quantity handler of universal waste must have sent written
notification of universal waste management to the Department,
and received an EPA Identification Number, before meeting or
exceeding the 5,000 kilogram storage limit.
(3) 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.
(4) This notification must include:
(a) The universal waste handler's name and mailing address;
(b) The name and business telephone number of the person
at the universal waste handler's site who should be contacted
regarding universal waste management activities;
(c) The address or physical location of the universal waste
management activities;
(d) A list of all the types of universal waste managed by
the handler (e.g., batteries, pesticides, thermostats, lamps);
(e) A statement indicating that the handler is accumulating
more than 5,000 kg of universal waste at one time and the
types of universal waste (e.g., batteries, pesticides, thermostats,
and lamps) the handler is accumulating above this quantity.
(5) A large quantity handler of universal waste shall manage
universal waste finishes, in its original packaging, in a way
that prevents releases of any universal waste or component of
a universal waste to the environment, as follows:
(a) A large quantity handler of universal waste shall contain
any universal waste finishes 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 universal waste finishes, and shall lack evidence of
leakage, spillage, or damage that could cause leakage under
reasonably foreseeable conditions.
(b) A large quantity handler of universal waste may not conduct
disassembling (“demanufacturing”) or processing
(examples: including, but not limited to, filtering, blending,
or tinting) activities on universal waste finishes. A large
quantity handler who wants to demanufacture or process universal
waste paint shall apply for a Class D Approval in accordance
with N.J.A.C. 7:26A-3.
(6) A container (or multiple container package unit), tank,
transport vehicle or other vessel in which oil-based waste finishes
contained, shall be labeled or marked clearly with the following
phrase: “Universal Waste – Oil-based Finish”.
(7) A large quantity handler of universal waste may accumulate
universal waste for no longer than one year from the date the
universal waste is generated, or received from another handler,
unless the requirements of paragraph (9) of this section are
met.
(8) A large quantity handler of universal waste may accumulate
universal waste for longer than one year from the date the universal
waste is generated, or received from another handler, if such
activity is solely for the purpose of accumulation of such quantities
of universal waste as necessary to facilitate proper recovery,
treatment, or disposal. However, the handler bears the burden
of proving that such activity was solely for the purpose of
accumulation of such quantities of universal waste as necessary
to facilitate proper recovery, treatment, or disposal.
(9) A large quantity handler of universal waste must be able
to demonstrate the length of time that the universal waste has
been accumulated from the date it becomes a waste or is received.
The handler may make this demonstration by:
(a) Placing the universal waste in a container and marking
or labeling the container with the earliest date that any
universal waste in the container became a waste or was received;
(b) Marking or labeling the individual item of universal
waste (e.g., each battery or thermostat) with the date it
became a waste or was received;
(c) Maintaining an inventory system on-site that identifies
the date the universal waste being accumulated became a waste
or was received;
(d) Maintaining an inventory system on-site that identifies
the earliest date that anyuniversal waste in a group of universal
waste items or a group of containers of universal waste became
a waste or was received;
(e) Placing the 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; or
(f) Any other method which clearly demonstrates the length
of time that the universal waste has been accumulated from
the date it becomes a waste or is received.
(10) A large quantity handler of universal waste must ensure
that all employees are thoroughly familiar with proper waste
handling and emergency procedures, relative to their responsibilities
during normal facility operations and emergencies.
(11) A large quantity handler of universal waste must immediately
contain all releases of universal wastes and other residues
from universal wastes.
(12) A large quantity handler of universal waste must determine
whether any material resulting from the release is hazardous
waste, and if so, must manage the hazardous waste in compliance
with all applicable requirements of 40 CFR parts 260 through
272. The handler is considered the generator of the material
resulting from the release, and is subject to 40 CFR part 262.
(13) A large quantity handler of universal waste is prohibited
from sending or taking universal waste to a place other than
another universal waste handler, a destination facility, or
a foreign destination.
(14) If a large quantity handler of universal waste self-transports
universal waste off-site, the handler becomes a universal waste
transporter for those self-transportation activities and must
comply with the transporter requirements of 40 CFR part 273,
subpart D while transporting the universal waste.
(15) If a universal waste being offered for off-site transportation
meets the definition of hazardous materials under 49 CFR 171
through 180, a large quantity handler of universal waste must
package, label, mark and placard the shipment, and prepare the
proper shipping papers in accordance with the applicable Department
of Transportation regulations under 49 CFR parts 172 through
180;
(16) Prior to sending a shipment of universal waste to another
universal waste handler, the originating handler must ensure
that the receiving handler agrees to receive the shipment.
(17) If a large quantity handler of universal waste sends a
shipment of universal waste to another handler or to a destination
facility and the shipment is rejected by the receiving handler
or destination facility, the originating handler must either:
(a) Receive the waste back when notified that the shipment
has been rejected, or
(b) Agree with the receiving handler on a destination facility
to which the shipment will be sent.
(18) A large quantity handler of universal waste may reject
a shipment containing universal waste, or a portion of a shipment
containing universal waste that he has received from another
handler. If a handler rejects a shipment or a portion of a shipment,
he must contact the originating handler to notify him of the
rejection and to discuss reshipment of the load. The handler
must:
(a) Send the shipment back to the originating handler, or
(b) If agreed to by both the originating and receiving handler,
send the shipment to a destination facility.
(19) If a large quantity handler of universal waste receives
a shipment containing hazardous waste that is not a universal
waste, the handler must immediately notify the appropriate regional
EPA office of the illegal shipment, and provide the name, address,
and phone number of the originating shipper. The EPA regional
office will provide instructions for managing the hazardous
waste.
(20) If a large quantity handler of universal waste receives
a shipment of non-hazardous, non-universal waste, the handler
may manage the waste in any way that is in compliance with applicable
federal, state or local solid waste regulations.
(21) Receipt of shipments. A large quantity handler of universal
waste must keep a record of each shipment of universal waste
received at the facility. The record may take the form of a
log, invoice, manifest, bill of lading, or other shipping document.
The record for each shipment of universal waste received must
include the following information:
(a) The name and address of the originating universal waste
handler or foreign shipper from whom the universal waste was
sent;
(b) The quantity of each type of universal waste received
(e.g., batteries, pesticides, thermostats);
(c) The date of receipt of the shipment of universal waste.
(22) Shipments off-site. A large quantity handler of universal
waste must keep a record of each shipment of universal waste
sent from the handler to other facilities. The record may take
the form of a log, invoice, manifest, bill of lading or other
shipping document. The record for each shipment of universal
waste sent must include the following information:
(a) The name and address of the universal waste handler,
destination facility, or foreign destination to whom the universal
waste was sent;
(b) The quantity of each type of universal waste sent (e.g.,
batteries, pesticides, thermostats);
(c) The date the shipment of universal waste left the facility.
(23) A large quantity handler of universal waste must retain
the records described in paragraph (21) of this section for
at least three years from the date of receipt of a shipment
of universal waste.
(24) A large quantity handler of universal waste must retain
the records described in paragraph (22) of this section for
at least three years from the date a shipment of universal waste
left the facility.
(25) A large quantity handler of universal waste who sends
universal waste to a foreign destination other than to those
OECD countries specified in 40 CFT 262.58(a)(1) (in which case
the handler is subject to the requirements of 40 CFR part 262,
subpart H) must:
(a) Comply with the requirements applicable to a primary
exporter in 40 CFR 262.53, 262.56(a)(1) through (4), (6),
and (b), and 262.57;
(b) Export such universal waste only upon consent of the
receiving country and in conformance with the EPA Acknowledgement
of Consent as defined in 40 CFR part 262, subpart E; and
(c) Provide a copy of the EPA Acknowledgement of Consent
for the shipment to the transporter transporting the shipment
for export.
Universal Waste Transporter Requirements
(1) A universal waste transporter is:
(a) Prohibited from disposing of universal waste; and
(b) Prohibited from diluting or treating universal waste,
except by responding to releases as provided in 40 CFR 273.54.
(2) A universal waste transporter must comply with all applicable
U.S. Department of Transportation regulations in 49 CFR part
171 through 180 for transport of any universal waste that meets
the definition of hazardous material in 49 CFR 171.8. For purposes
of the Department of Transportation regulations, a material
is considered a hazardous waste if it is subject to the Hazardous
Waste Manifest Requirements of the U.S. Environmental Protection
Agency specified in 40 CFR part 262. Because universal waste
does not require a hazardous waste manifest, it is not considered
hazardous waste under the Department of Transportation regulations.
(3) Some universal waste materials are regulated by the Department
of Transportation as hazardous materials because they meet the
criteria for one or more hazard classes specified in 49 CFR
173.2. As universal waste shipments do not require a manifest
under 40 CFR 262, 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".
(4) A universal waste transporter may only store the universal
waste at a universal waste transfer facility for ten days or
less.
(5) If a universal waste transporter stores universal waste
for more than ten days, the transporter becomes a universal
waste handler and must comply with the applicable requirements
of subparts B or C of this part while storing the universal
waste.
(6) A universal waste transporter must immediately contain
all releases of universal wastes and other residues from universal
wastes.
(7) A universal waste transporter must determine whether any
material resulting from the release is hazardous waste, and
if so, it is subject to all applicable requirements of 40 CFR
parts 260 through 272. If the waste is determined to be a hazardous
waste, the transporter is subject to 40 CFR part 262.
(8) A universal waste transporter is prohibited from transporting
the universal waste to a place other than a universal waste
handler, a destination facility, or a foreign destination.
(9) If the universal waste being shipped off-site meets the
Department of Transportation's definition of hazardous materials
under 49 CFR 171.8, the shipment must be properly described
on a shipping paper in accordance with the applicable Department
of Transportation regulations under 49 CFR part 172.
(10) A universal waste transporter transporting a shipment
of universal waste to a foreign destination other than to those
OECD countries specified in 40 CFR 262.58(a)(1) (in which case
the transporter is subject to the requirements of 40 CFR part
262, subpart H) may not accept a shipment if the transporter
knows the shipment does not conform to the EPA Acknowledgment
of Consent. In addition the transporter must ensure that:
(a) A copy of the EPA Acknowledgment of Consent accompanies
the shipment; and
(b) The shipment is delivered to the facility designated
by the person initiating the shipment.
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