Section 329IAC3.1-16-2. Exceptions and additions; petitions to add a universal waste

   (a) Exceptions and additions to 40 CFR 273 include the following:

(1) In addition to the waste management requirements in 40 CFR 273.13(d), add the following: A small quantity handler of universal waste shall not intentionally break or crush universal waste lamps.

(2) In addition to the labeling and marking requirements in 40 CFR 273.14(a), add the following: Other words that accurately identify the universal waste batteries may be used.

(3) In addition to the labeling and marking requirements in 40 CFR 273.14(d) add the following: Other words that accurately identify the universal waste thermostats may be used.

(4) In addition to the labeling and marking requirements in 40 CFR 273.14(e) add the following: Other words that accurately identify the universal waste lamps may be used.

(5) In addition to the waste management requirements in 40 CFR 273.33(d), add the following: A large quantity handler of universal waste shall not intentionally break or crush universal waste lamps.

(6) In addition to the labeling and marking requirements in 40 CFR 273.34, [sic.] 40 CFR 273.34(a), add the following: Other words that accurately identify the universal waste batteries may be used.

(7) In addition to the labeling and marking requirements in 40 CFR 273.34(d) add the following: Other words that accurately identify the universal waste thermostats may be used.

(8) In addition to the labeling and marking requirements in 40 CFR 273.34(e) add the following: Other words that accurately identify the universal waste lamps may be used.

  (b) In addition to the petition procedures in 40 CFR 273, Subpart G, add the following: Any person seeking to add a hazardous waste or a category of hazardous waste to this article must do one (1) of the following:

(1) Petition for a regulatory amendment under IC 13-14-8-5. Citizen rulemaking petition procedures were published in the Indiana Register on June 1, 1995, at 18 IR 2355. Criteria for adding a hazardous waste or a category of hazardous waste to this rule are found at 40 CFR 273.80 and 40 CFR 273.81.

(2) Present evidence to the commissioner that demonstrates that the waste meets the criteria of 40 CFR 273.80 and 40 CFR 273.81 for inclusion under 40 CFR Part 273. If the evidence presented demonstrates to the satisfaction of the commissioner that regulation of the waste under the universal waste regulations of 40 CFR Part 273 and this section is appropriate for that waste or category of waste and meets the guidelines of 40 CFR 273.80(b), the commissioner will initiate a rulemaking action to amend this article appropriately.

(Solid Waste Management Division; 329 IAC 3.1-16-2; filed Aug 7, 1996, 5:00 p.m.: 19 IR 3368; errata filed Aug 7, 1996, 5:01 p.m.: 19 IR 3471; errata filed Jan 10, 2000, 3:01 p.m.: 23 IR 1110; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; filed Apr 5, 2001, 1:29 p.m.: 24 IR 2452)

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