§ 266b.1. Incorporation by reference and scope.

 (a)  Except as expressly provided in this chapter, 40 CFR Part 273 (relating to standards for universal waste management) is incorporated by reference.

 (b)  In addition to the requirements incorporated by reference in 40 CFR 273.1(a) (relating to scope), mercury-containing devices as defined in §  266b.3 (relating to definitions) are included as wastes subject to regulation under this chapter.

 (c)  In addition to the requirements incorporated by reference in 40 CFR 273.4 (relating to applicability—mercury thermostats), mercury-containing devices as defined in §  266b.3 are included as wastes subject to the standards specified for thermostats in this chapter.

 (d)  In addition to the requirements incorporated by reference in 40 CFR 273.6 (relating to definitions), mercury-containing devices as defined in §  266b.3 are included as wastes listed in the definition of ‘‘universal waste.’’

   The provisions of this §  266b.1 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6587. Immediately preceding text appears at serial page (255129).

 (a)  In addition to the requirements incorporated by reference in 40 CFR Part 273 (relating to standards for universal waste management), this chapter applies to persons managing mercury-containing devices as defined in §  266b.3 (relating to definitions), except those listed in subsection (b).

 (b)  This section does not apply to persons managing the following mercury-containing devices:

   (1)  Mercury-containing devices that are not yet wastes under Chapter 261a (relating to identification and listing of hazardous waste). Subsections (c) and (d) describe when mercury-containing devices become wastes.

   (2)  Mercury-containing devices that are not hazardous waste. A mercury-containing device is a hazardous waste if it exhibits one or more of the characteristics identified in 40 CFR Part 261, Subpart C (relating to characteristics of hazardous waste).

 (c)  A used mercury-containing device becomes a waste on the date it is discarded or sent for reclamation.

 (d)  An unused mercury-containing device becomes a waste on the date the handler discards it.

   The provisions of this §  266b.2 adopted December 22, 2000, effective December 23, 2000, 30 Pa.B. 6587.

 In addition to the definitions incorporated by reference in 40 CFR 273.6 (relating to definitions), the following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Mercury-containing device—A product or component of a product (excluding batteries) which contains elemental mercury that is necessary for operation of the device.

   The provisions of this §  266b.3 adopted December 22, 2000, effective December 23, 2000, 30 Pa.B. 6587.

   This section cited in 25 Pa. Code §  261a.8 (relating to requirements for universal waste); 25 Pa. Code §  266b.1 (relating to incorporation by reference and scope); and 25 Pa. Code §  266b.2 (relating to applicability—mercury-containing devices).

Subchapter B. SMALL QUANTITY HANDLERS OF
UNIVERSAL WASTE

Sec.

§ 266b.10. Applicability.

 In addition to the requirements incorporated by reference in 40 CFR 273.13 (relating to waste management), the following apply:

   (1)  A small quantity handler of universal waste shall contain any universal waste mercury-containing device that shows evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions in a container. The container shall be closed, structurally sound, compatible with the contents of the mercury-containing device and lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.

   (2)  A small quantity handler of universal waste may remove mercury-containing ampules from universal waste mercury-containing devices if the handler:

     (i)   Removes the ampules in a manner designed to prevent breakage of the ampules.

     (ii)   Removes ampules only over or in a containment device (for example, a tray or pan sufficient to collect and contain mercury released from an ampule in case of breakage).

     (iii)   Ensures that a mercury clean-up system is readily available to immediately transfer mercury resulting from spills or leaks from broken ampules, from the containment device to a container that meets the requirements of 40 CFR 262.34 (relating to accumulation time).

     (iv)   Immediately transfers mercury resulting from spills or leaks from broken ampules from the containment device to a container that meets the requirements of 40 CFR 262.34.

     (v)   Ensures that the area in which ampules are removed is well ventilated and monitored to ensure compliance with applicable occupational safety and health administration exposure levels for mercury found in 29 CFR Part 1910, Subpart Z (relating to toxic and hazardous substances).

     (vi)   Ensures that employes removing ampules are thoroughly familiar with proper waste mercury handling and emergency procedures, including transfer of mercury from containment devices to appropriate containers.

     (vii)   Stores removed ampules in closed, nonleaking containers that are in good condition.

     (viii)   Packs removed ampules in the container with packing materials adequate to prevent breakage during storage, handling and transportation.

   (3)  A small quantity handler of universal waste who removes mercury-containing ampules from mercury-containing devices shall determine whether the following exhibit a characteristic of hazardous waste identified in 40 CFR Part 261, Subpart C (relating to characteristics of hazardous waste):

     (i)   Mercury or clean-up residues resulting from spills or leaks.

     (ii)   Other solid waste generated as a result of the removal of mercury-containing ampules (for example, remaining mercury device units).

   (4)  If the mercury, residue or other solid waste exhibits a characteristic of hazardous waste, it shall be managed in compliance with applicable requirements of Chapters 261a—265a. The handler is considered the generator of the mercury, residues or other waste and is subject to Chapter 262a (relating to standards applicable to generators of hazardous waste).

   (5)  If the mercury, residue or other solid waste is not hazardous, the handler shall manage the waste in compliance with the applicable municipal or residual waste regulations found in Articles VIII and IX (relating to municipal waste management; and residual waste management).

 In addition to the requirements incorporated by reference in 40 CFR 273.14 (relating to labeling/marking), a small quantity handler of universal waste shall label each mercury-containing device, or a container in which the device is contained, with one of the following phrases: ‘‘universal waste mercury-containing device(s),’’ or ‘‘waste mercury-containing device(s)’’ or ‘‘used mercury-containing device(s).’’

   The provisions of this §  266b.12 adopted December 22, 2000, effective December 23, 2000, 30 Pa.B. 6587.

Subchapter C. LARGE QUANTITY HANDLERS OF
UNIVERSAL WASTE

Sec.

§ 266b.30. Applicability.

 (a)  In addition to the requirements incorporated by reference, a large quantity handler of universal waste complying with this subchapter is deemed to have a permit for the storage of universal wastes.

 In addition to the requirements incorporated by reference at 40 CFR 273.33 (relating to waste management), the following apply:

   (1)  A large quantity handler of universal waste shall contain any universal waste mercury-containing device that shows evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions in a container. The container shall be closed, structurally sound, compatible with the contents of the mercury-containing device and lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.

   (2)  A large quantity handler of universal waste may remove mercury-containing ampules from universal waste mercury-containing devices if the handler:

     (i)   Removes the ampules in a manner designed to prevent breakage of the ampules.

     (ii)   Removes ampules only over or in a containment device (for example, a tray or pan sufficient to collect and contain mercury released from an ampule in case of breakage).

     (iii)   Ensures that a mercury clean-up system is readily available to immediately transfer mercury resulting from spills or leaks from broken ampules, from the containment device to a container that meets the requirements of 40 CFR 262.34 (relating to accumulation time).

     (iv)   Immediately transfers mercury resulting from spills or leaks from broken ampules from the containment device to a container that meets the requirements of 40 CFR 262.34.

     (v)   Ensures that the area in which ampules are removed is well ventilated and monitored to ensure compliance with applicable occupational safety and health administration exposure levels for mercury found in 29 CFR Part 1910, Subpart Z (relating to toxic and hazardous substances).

     (vi)   Ensures that employes removing ampules are thoroughly familiar with proper waste mercury handling and emergency procedures, including transfer of mercury from containment devices to appropriate containers.

     (vii)   Stores removed ampules in closed, nonleaking containers that are in good condition.

     (viii)   Packs removed ampules in the container with packing materials adequate to prevent breakage during storage, handling and transportation.

   (3)  A large quantity handler of universal waste who removes mercury-containing ampules from mercury-containing devices shall determine whether the following exhibit a characteristic of hazardous waste identified in 40 CFR Part 261, Subpart C (relating to characteristics of hazardous waste):

     (i)   Mercury or clean-up residues resulting from spills or leaks.

     (ii)   Other solid waste generated as a result of the removal of mercury-containing ampules (for example, remaining mercury device units).

   (4)  If the mercury, residue or other solid waste, exhibits a characteristic of hazardous waste, it shall be managed in compliance with applicable requirements of Chapters 261a—265a and Chapter 266a, Subchapters C and F—H. The handler is considered the generator of the mercury, residue or other waste and is subject to Chapter 262a (relating to standards applicable to generators of hazardous waste).

   (5)  If the mercury, residues or other solid waste is not hazardous, the handler shall manage the waste in compliance with the applicable municipal or residual waste regulations found in Articles VIII and IX (relating to municipal waste management; and residual waste management).

 In addition to the requirements incorporated by reference in 40 CFR 273.34 (relating to labeling/marking), a large quantity handler of universal waste shall label each mercury-containing device, or a container in which the device is contained, with one of the following phrases: ‘‘universal waste mercury-containing device(s),’’ or ‘‘waste mercury-containing device(s)’’ or ‘‘used mercury-containing device(s).’’

   The provisions of this §  266b.32 adopted December 22, 2000, effective December 23, 2000, 30 Pa.B. 6587.

Subchapter D. UNIVERSAL WASTE TRANSPORTERS

Sec.

§ 266b.50. Applicability.

 (a)  In addition to the requirements incorporated by reference, a universal waste transporter complying with this subchapter is deemed to have a license for the transportation of universal wastes.

 (b)  The substitution of terms in §  260a.3(a)(3) (relating to terminology and citations related to Federal regulations) does not apply to 40 CFR 273.56 (relating to exports).

   This section cited in 25 Pa. Code §  263a.13 (relating to licensing); and 25 Pa. Code §  265a.11 (relating to identification number and transporter license).

Subchapter E. DESTINATION FACILITIES

Sec.

§ 266b.60. Applicability.

 Relative to the requirements incorporated by reference, 40 CFR 273.60(b) (relating to applicability) is not incorporated by reference.