Subchapter A. GENERAL


Sec.


266b.1.    Incorporation by reference and scope.
266b.2.    Applicability—mercury-containing devices.
266b.3.    Definitions.

§ 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.’’

Source

   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).

Cross References

   This section cited in 25 Pa. Code §  270a.1 (relating to incorporation by reference, scope and applicability).

§ 266b.2. Applicability—mercury-containing devices.

 (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.

Source

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

Cross References

   This section cited in 25 Pa. Code §  268a.1 (relating to incorporation by reference, purpose, scope and applicability).

§ 266b.3. Definitions.

 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.

Source

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

Cross References

   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).


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