40 CFR 273.13: Waste management
The official text is on the eCFR. This page maps how the section is organized, quotes the paragraphs our ASP practice questions are built on, and gives free questions you can try. Text below is quoted from the eCFR, current as of 2026-10-14; the section was last amended 2020-02-07.
How 40 CFR 273.13 is organized
- (a) Universal waste batteries13 paragraphs
- (b) Universal waste pesticides5 paragraphs
- (c) Mercury-containing equipment19 paragraphs
- (d) Lamps3 paragraphs
- (e) Aerosol cans15 paragraphs
Paragraphs our practice questions cite most
Counted across the 5 live PassCited questions built on this section. This reflects our question bank, not the real exam.
“(1) A small quantity handler of universal waste must contain any universal waste battery that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions in a container. The container must be closed, structurally sound, compatible with the contents of the battery, and must lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.”
“(3) A small quantity handler of universal waste who removes electrolyte from batteries, or who generates other solid waste (e.g., battery pack materials, discarded consumer products) as a result of the activities listed above, must determine whether the electrolyte and/or other solid waste exhibit a characteristic of hazardous waste identified in 40 CFR part 261, subpart C.”
“(i) If the electrolyte and/or other solid waste exhibit a characteristic of hazardous waste, it is subject to all applicable requirements of 40 CFR parts 260 through 272. The handler is considered the generator of the hazardous electrolyte and/or other waste and is subject to 40 CFR part 262.”
“(ii) If the mercury, residues, and/or other solid waste exhibits a characteristic of hazardous waste, it must be managed in compliance with all applicable requirements of 40 CFR parts 260 through 272. The handler is considered the generator of the mercury, residues, and/or other waste and must manage it in compliance with 40 CFR part 262.”
“(2) A small quantity handler of universal waste must immediately clean up and place in a container any lamp that is broken and must place in a container any lamp that shows evidence of breakage, leakage, or damage that could cause the release of mercury or other hazardous constituents to the environment. Containers must be closed, structurally sound, compatible with the contents of the lamps and must lack evidence of leakage, spillage or damage that could cause leakage or releases of mercury or other hazardous constituents to the environment under reasonably foreseeable conditions.”
Free practice questions on 40 CFR 273.13
Question 1
During a facility cleanout, a small quantity handler of universal waste finds a nickel-cadmium battery in a collection bin with a visibly cracked casing and residue on its terminals. What must the handler do with this battery?
Show answer and source
Answer: C. Place it in a container that is closed, structurally sound, compatible with the battery contents, and free of leakage or damage
The standard requires any battery showing leakage, spillage, or damage that could cause leakage to be contained in a closed, structurally sound, compatible container that itself lacks leakage or damage. Puncturing the casing is not allowed because the casing must remain intact and closed.
Answer C rests on
40 CFR 273.13(a)(1)(opens ecfr.gov in a new tab)“A small quantity handler of universal waste must contain any universal waste battery that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions in a container. The container must be closed, structurally sound, compatible with the contents of the battery, and must lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.”
Question 2
A small quantity handler of universal waste removes electrolyte from spent batteries. It also discards plastic battery pack casings left over from disassembling battery packs. A hazardous waste determination on the electrolyte shows it exhibits the characteristic of corrosivity. The casings are tested and found non-hazardous. Which course of action is consistent with the standard?
Show answer and source
Answer: D. Treat the handler as the generator of the corrosive electrolyte, subject to 40 CFR part 262, and manage the non-hazardous casings under applicable federal, state, or local solid waste rules
Electrolyte that exhibits a characteristic is subject to the hazardous waste requirements, and the handler is considered its generator under part 262. Non-hazardous by-product waste such as the casings may be managed in compliance with applicable solid waste regulations. Keeping the electrolyte as universal waste is wrong because the determination result, not its origin, controls.
Answer D rests on
40 CFR 273.13(a)(3)(i)(opens ecfr.gov in a new tab)“If the electrolyte and/or other solid waste exhibit a characteristic of hazardous waste, it is subject to all applicable requirements of 40 CFR parts 260 through 272. The handler is considered the generator of the hazardous electrolyte and/or other waste and is subject to 40 CFR part 262.”
Where it shows up in exam prep
Find out which regulations you'd miss
This is a study aid, not legal advice or an official interpretation. Always check the current eCFR text. Original practice questions, not real exam items. PassCited is not affiliated with or endorsed by BCSP.