| (a) This section establishes requirements for managing paint
and paint-related waste as described in subsection (b) of this section, and
provides an alternative set of management standards in lieu of regulation
under other portions of this chapter not otherwise referenced under this section.
(b) Paint and paint-related waste is used or unused paint and
paint-related material which is "hazardous waste" as defined under §335.1
of this title (relating to Definitions), as determined under §335.504
of this title (relating to Hazardous Waste Determination), and which is any
mixture of pigment and a suitable liquid which forms a closely adherent coating
when spread on a surface or any material which results from painting activities.
(c) Except as otherwise provided in this section, the following
definitions and requirements apply to persons managing paint and paint-related
wastes:
(1) Those requirements which apply to universal wastes in general
and the definitions under the following regulations, as adopted by reference
under §335.261 of this title (relating to Universal Waste Rule): Title
40 Code of Federal Regulations (CFR) §§273.5, 273.6, 273.10 - 273.12,
273.15 - 273.20, 273.30 - 273.32, 273.35 - 273.40, 273.50 - 273.56, 273.60
- 273.62, and 273.70;
(2) In addition to the requirements referenced under paragraph
(1) of this subsection, small quantity handlers and large quantity handlers
of universal waste must manage paint and paint-related waste in accordance
with §335.4 of this title (relating to General Prohibitions). The paint
and paint-related waste must be contained in one or more of the following:
(A) a container that remains closed, except when necessary
to add or remove waste;
(B) a container that is structurally sound, compatible with
the waste, and that lacks evidence of leakage, spillage, or damage that could
cause leakage under reasonably foreseeable conditions; or
(C) a container that does not meet the requirements of subparagraphs
(A) and (B) of this paragraph, provided that the unacceptable container is
overpacked in a container that does meet the requirements of subparagraphs
(A) and (B) of this paragraph; or
(D) a tank that meets the requirements of 40 CFR Part 265,
Subpart J, except for 40 CFR §§265.197(c), 265.200, and 265.201;
or
(E) a transport vehicle or vessel that is closed, structurally
sound, compatible with the waste, and that lacks evidence of leakage, spillage,
or damage that could cause leakage under reasonably foreseeable conditions;
and
(F) a container, multiple container package unit, tank, transport
vehicle or vessel that is labeled or marked clearly with the words "Universal
Waste - Paint and Paint-Related Wastes;" and
(3) For paint and paint-related waste that is ignitable, reactive,
or incompatible waste, the applicable requirements under 40 CFR §§265.17,
265.176, and 265.177.
(d) Hazardous waste determinations under subsection (b) of
this section shall be documented at the time of the determination and maintained
for at least three years.
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