Ala. Admin. Code r. 335-14-11-.01 - General
(1)
Scope.
(a)335-14-11
establishes requirements for managing the following:
1. Batteries as described in
335-14-11-.01(2);
2. Pesticides as described in
335-14-11-.01(3);
4. Lamps as described in
335-14-11-.01(5);
and
5. Aerosol cans as described in
335-14-11-.01(6)
(b)335-14-11 provides
an alternative set of management standards in lieu of regulation under 335-14-1
through 335-14-9.
(2)
Applicability-batteries.
(a) Batteries covered under 335-14-11.
1. The requirements of 335-14-11 apply to
persons managing batteries, as described in
335-14-1-.02, except those listed
in 335-14-11-.01(2)(b).
2. Spent lead-acid batteries which are not
managed under
335-14-7-.07 are subject to
management under this 335-14-11.
(b) Batteries not covered under 335-14-11.
The requirements of 335-14-11 do not apply to persons managing the following
batteries:
1. Spent lead-acid batteries that
are managed under
335-14-7-.07.
2. Batteries, as described in
335-14-1-.02, that are not yet
wastes under 335-14-2, including those that do not meet the criteria for waste
generation in
335-14-11-.01(2)(c).
3. Batteries, as described in
335-14-1-.02, that are not
hazardous waste . A battery is a hazardous waste if it exhibits one or more of
the characteristics identified in
335-14-2-.03.
(c) Generation of waste batteries.
1. A used battery becomes a waste on the date
it is discarded (e.g., when sent for reclamation).
2. An unused battery becomes a waste on the
date the handler decides to discard it.
(3)
Applicability-pesticides.
(a) Pesticides covered under 335-14-11. The
requirements of 335-14-11 apply to persons managing pesticides, as described in
335-14-1-.02, meeting the
following conditions, except those listed in
335-14-11-.01(3)(b):
1. Recalled pesticides that are:
(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 cancelled pesticide , or a pesticide that is not in
compliance with FIFRA , that are part of a voluntary recall by the
registrant.
2. Stocks of
other unused pesticide products that are collected and managed as part of a
waste pesticide collection program.
(b) Pesticides not covered under 335-14-11.
The requirements of 335-14-11 do not apply to persons managing the following
pesticides:
1. Recalled pesticides described
in 335-14-11-.01(3)
(a)1., and unused pesticide products
described in
335-14-11-.01(3)(a)2.,
that are managed by farmers in compliance with
335-14-3-.07(1).
(335-14-3-.07(1)
addresses pesticides disposed of on the farmer's own farm in a manner
consistent with the disposal instructions on the pesticide label, providing the
container is triple rinsed in accordance with
335-14-2-.01(7)(b)3.);
2. Pesticides not meeting the conditions set
forth in 335-14-11-.01(3)(a).
These pesticides must be managed in compliance with the hazardous waste
regulations in 335-14-1 through 335-14-9, except that aerosol cans as defined
in 335-14-1-.02 that contain
pesticides may be managed as aerosol can universal waste under
335-14-11-.02(4)(e)
or 335-14-11-.03(4)(e);
3. Pesticides that are not wastes under
335-14-2, including those that do not meet the criteria for waste generation in
335-14-11-.01(3)(c)
or those that are not wastes as described in
335-14-11-.01(3)(d);
and
4. Pesticides that are not
hazardous waste . A pesticide is a hazardous waste if it is listed in
335-14-2-.04 or if it exhibits
one or more of the characteristics identified in
335-14-2-.03.
(c) When a pesticide becomes a
waste .
1. A recalled pesticide described in
335-14-11-.01(3)(a)1.
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).
2. An unused pesticide product described in
335-14-11-.01(3)(a)2.
becomes a waste on the date the generator decides to discard it.
(d) Pesticides that are not
wastes. The following pesticides are not wastes:
1. Recalled pesticides described in
335-14-11-.01(3)(a)1.,
provided that the person conducting the recall:
(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
335-14-2-.01(2);
thus the pesticide is not a hazardous waste and is not subject to hazardous
waste requirements, including 335-14-11. This pesticide remains subject to the
requirements of FIFRA ; or
(ii) Has
made a decision to use a management option that, under
335-14-2-.01(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 335-14-11. This pesticide , including a recalled
pesticide that is exported to a foreign destination for use or reuse, remains
subject to the requirements of FIFRA .
2. Unused pesticide products described in
335-14-11-.01(3)(a)2.,
if the generator of the unused pesticide product has not decided to discard
(e.g., burn for energy recovery) them. These pesticides remain subject to the
requirements of FIFRA .
(4)
Applicability-Mercury-containing equipment
.
(a) Mercury-containing equipment covered
under 335-14-11. The requirements of 335-14-11 apply to persons managing
mercury-containing equipment , as described in
335-14-1-.02, except those listed
in 335-14-11-.01(4)(b).
(b) Mercury-containing equipment not covered
under 335-14-11. The requirements of 335-14-11 do not apply to persons managing
the following mercury-containing equipment :
1. Mercury-containing equipment that is not
yet a waste under 335-14-2.
335-14-11-.01(4)(c)
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
335-14-2-.03 or is listed in
335-14-2-.04.
3. Equipment and devices from which the
mercury-containing components have been removed.
(c) Generation of waste mercury-containing
equipment .
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.
(5)
Applicability-Lamps.
(a) Lamps covered under 335-14-11. The
requirements of 335-14-11 apply to persons managing lamps, as described in
335-14-1-.02, except those listed
in 335-14-11-.01(5)(b).
(b) Lamps not covered under 335-14-11. The
requirements of 335-14-11 do not apply to persons managing the following lamps:
1. Lamps that are not yet wastes under
335-14-2.
335-14-11-.01(5)(c)
describes when lamps become wastes.
2. Lamps that are not hazardous waste . A lamp
is a hazardous waste if it exhibits one or more of the characteristics
identified in
335-14-2-.03.
3. Lamps that are broken, crushed, or
otherwise no longer intact are not to be handled as universal waste .
(c) Generation of waste lamps.
1. A used lamp becomes a waste on the date it
is discarded (e.g., sent for reclamation).
2. An unused lamp becomes a waste on the date
the handler decides to discard it.
(6) Applicability - aerosol cans
(a) Aerosol cans covered under 335-14-11. The
requirements of 335-14-11 apply to persons managing aerosol cans, as described
in 335-14-1-.02, except those listed
in 335-14-11-.01(6)(b).
(b) Aerosol cans not covered under 335-14-11.
The requirements of 335-14-11 do not apply to persons managing the following
types of aerosol cans:
1. Aerosol cans that
are not yet waste under 335-14-2.
335-14-11-.01(6)(c)
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
335-14-2-.03 or the aerosol can
contains a substance that is listed in
335-14-2-.04; and
3. Aerosol cans that meet the standard for
empty containers under
335-14-2-.01(7).
(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.
(7)
Reserved.
(8)
Applicability-household and
very small quantity generator waste
.
(a) Persons managing the wastes listed below
may, at their option, manage them under the requirements of 335-14-11:
1. Household wastes that are exempt under
335-14-2-.01(4)
(b)1. and are also of the same type as the
universal wastes defined at
335-14-1-.02; and/or
2. Very small quantity generator wastes that
are exempt under
335-14-2-.01(5)
and are also of the same type as the universal wastes defined at
335-14-1-.02.
(b) Persons who commingle the
wastes described in
335-14-11-.01(8)(a)1. and
(a)2. together with universal waste regulated
under 335-14-11 must manage the commingled waste under the requirements of
335-14-11.
(9)
[Reserved]
Notes
Author: Amy P. Zachry; Michael B. Jones; C. Edwin Johnston; Lynn T. Roper; Bradley N. Curvin; Theresa A. Maines; Heather M. Jones; Vernon H. Crockett; Sonja B. Favors; Brent A. Watson; Jonah L. Harris
Statutory Authority: Code of Ala. 1975 , §§ 22-30-11, 22-30-14, 22-30-15, 22-30-16.
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