(a) Antifreeze.(1) The requirements of Rule R315-273 apply to persons managing antifreeze, as described in Section R315-273-9, except those listed in Subsection R315-273-6(a)(2).
(2) Antifreeze not covered under Rule R315-273. The requirements of Rule R315-273 do not apply to persons managing the following antifreeze:
(i) antifreeze, as described in Section R315-273-9,that is not yet a waste under Rule R315-261, including antifreeze that does not meet the criteria for waste generation in Subsection R315-273-6(a)(4);
(ii) antifreeze, as described in Section R315-273-9 that is not hazardous waste. Antifreeze is a hazardous waste if it exhibits one or more of the characteristics identified in Sections R315-261-20 through R315-261-24.
(3) Generation of waste antifreeze.
(i) Antifreeze becomes a waste on the date it is discarded, for example, when sent for reclamation.
(ii) Antifreeze becomes a waste on the date the handler decides to discard it.
R315-273-8. Standards for Universal Waste Management -- 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 Rule R315-273:
(1) Household wastes that are exempt under Subsection R315-261-4(b)(1) and are also of the same type as the universal wastes defined at Section R315-273-9; and/or
(2) Very small quantity generator wastes that are exempt under Section R315-262-14 and are also of the same type as the universal wastes defined at Section R315-273-9.
(b) Persons who commingle the wastes described in Subsections R315-273-8(a)(1) and (a)(2) together with universal waste regulated under Rule R315-273 shall manage the commingled waste under the requirements of Rule R315-273.
R315-273-9. Standards for Universal Waste Management -- Definitions.
(a) "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.
(b) "Ampule" means an air-tight vial made of glass, plastic, metal, or any combination of these materials.
(c) "Antifreeze" means ethylene glycol or propylene glycol including aggregated batches of ethylene glycol or propylene glycol used as a heat transfer medium in an internal combustion engine; heating, ventilating, and air conditioning units; and electronics cooling applications; or used for winterizing equipment.
(d) "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.
(e) "Destination facility" means a facility that treats, disposes of, or recycles a particular category of universal waste, except those management activities described in Subsections R315-273-13(a) and R315-273-13(c) and Subsections R315-273-33(a) and R315-273-33(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.
(f) "Drum-top lamp crusher" means a device attached to a drum or container that mechanically reduces the size of lamps and includes a bag filter followed in series by a HEPA filter and an activated carbon filter. Drum-top crushers are the only devices that can be approved for the use of crushing lamps.
(g) "FIFRA" means the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136-136y.
(h) "Generator" means any person, by site, whose act or process produces hazardous waste identified or listed in Rule R315-261 or whose act first causes a hazardous waste to become subject to regulation.
(i) "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 fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps.
(j) "Large Quantity Handler of Universal Waste" means a universal waste handler, as defined in Section R315-273-9 who accumulates 5,000 kilograms or more total of universal waste; batteries, pesticides, mercury-containing equipment, lamps, aerosol cans, or any other universal waste regulated in Rule R315-273, 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.
(k) "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.
(l) "On-site" means the same or geographically contiguous property which may be divided by public or private right-of-way, if 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 a 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.
(m) "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:
(1) is a new animal drug under Federal Food, Drug, and Cosmetic Act (FFDCA) Section 201(w);