§ 266b.31. Waste management for universal waste mercury-containing devices.

 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).

   The provisions of this §  266b.31 adopted December 22, 2000, effective December 23, 2000, 30 Pa.B. 6587.