RCRA REVISION CHECKLIST 209

Universal Waste Rule: Specific Provisions for Mercury Containing Equipment
70 FR 45508 - 45522
	August 5, 2005
 (RCRA Cluster XVI, Non-HSWA)

Note: In order for a state to receive authorization for this checklist, which adds mercury containing equipment to the list of universal wastes, it must first have authorization for Revision Checklist 142 A (universal waste).

Name of State:  

State Statutory Authority: 

Title of Regulations:  							Effective Date:   

Date Checklist Completed:  

	
FEDERAL REQUIREMENTS	
FEDERAL RCRA CITATION	
ANALOGOUS STATE CITATION	
STATE ANALOG IS:	
				
EQUIV-ALENT	
LESS
STRIN-
GENT	
MORE STRIN-GENT	
BROADER IN SCOPE	
	PART 260 HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL 	
	SUBPART B DEFINITIONS 	
†	DEFINITIONS	
	add “Mercury-containing equipment” in alphabetical order	260.10 “Mercury-containing equipment”						
	In definition of “universal
waste”,  the introductory paragraph is republished without change 	260.10 “universal
waste”						
	In definition of “universal
waste”, revise subparagraph
(3) by replacing “Thermostats” with “Mercury-containing equipment”	260.10 “universal
waste”						
	PART 261 IDENTIFICATION AND LISTING OF HAZARDOUS WASTE	
	SUBPART A GENERAL	
†	REQUIREMENTS FOR UNIVERSAL WASTE	
	replace “Thermostats” with “Mercury-containing equipment”	261.9(c)						
	PART 264 STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT STORAGE AND DISPOSAL FACILITIES 	
	SUBPART A GENERAL	
†	PURPOSE, SCOPE, AND APPLICABILITY	
	replace “Thermostats” with “Mercury-containing equipment”	264.1(g)(11)(iii)						
	PART 265 INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARODUS WASTE TREATMENT, STORAGE AND DISOSAL FACILITIES	
	SUBPART A GENERAL	
†	PURPOSE, SCOPE, AND APPLICABILITY.	
	replace “Thermostats” with “Mercury-containing equipment”	265.1(c)(14)(iii)						
	PART 268  LAND DISPOSAL RESTRICTIONS	
	SUBPART A GENERAL	
†	PURPOSE, SCOPE, AND APPLICABILITY	
	replace “Thermostats” with “Mercury-containing equipment”	268.1(f)(3)						
	PART 270 EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM	
	SUBPART A GENERAL INFORMATION	
†	PURPOSE AND SCOPE OF THESE REGULATIONS	
	replace “Thermostats” with “Mercury-containing equipment”	270.1(c)(2)(viii)(C)						
	PART 273 STANDARDS FOR UNIVERSAL WASTE MANAGEMENT	
	SUBPART A GENERAL	
†	SCOPE	
	replace “Thermostats” with “Mercury-containing equipment”	273.1(a)(3)						
†	APPLICABILITY—MERCURY-CONTAINING EQUIPMENT	
	replace first occurrence of “Thermostats” with “Mercury-containing equipment”; replace second occurrence of “thermostats” with “mercury-containing equipment”	273.4(a)						
	replace first occurrence of “Thermostats” with “Mercury-containing equipment”; replace second occurrence of “thermostats” with “mercury-containing equipment”	273.4(b) introductory paragraph						
	replace existing subparagraph: Mercury-containing equipment that is not yet a waste under part 261 of this chapter.  Paragraph (c) of this section describes when mercury-containing equipment becomes a waste;	273.4(b)(1)						
	replace existing subparagraph;.  mercury-containing equipment that is not a hazardous waste.  Mercury-containing equipment is a hazardous waste if it exhibits one or more of the characteristics identified in part 261, subpart C of this chapter or is listed in part 261, subpart D of this chapter; and	273.4(b)(2)						
	add subparagraph; equipment and devices from which the mercury-containing components have been removed.	273.4(b)(3)						
	In heading replace “thermostats” with “mercury-containing equipment”; replace “A used thermostat” with “Used mercury-containing equipment”; remove “(e.g., sent for reclamation)” after “discarded”	273.4(c)(1)						
	replace “An unused thermostat” with “Unused mercury-containing equipment”	273.4(c)(2)						
†	DEFINITIONS	
	add “Ampule” in alphabetical order	273.9 “Ampule”						
	replace “thermostats” with “mercury-containing equipment”; in the last sentence replace “kilograms or more total of universal waste is accumulated” with “kilogram limit is met or exceeded”	273.9 “Large Quantity Handler of Universal Waste”						
	add “Mercury-containing equipment” in alphabetical order	273.9 “Mercury-containing equipment”						
	replace “thermostats” with “mercury-containing equipment”;	273.9 “Small Quantity Handler of Universal Waste”						
	in definition of “universal
waste”,  the introductory paragraph is republished without change	273.9 “Universal Waste”						
	in definition of “universal
waste”, subparagraph (3) replace “Thermostats” with “Mercury-containing equipment”;	273.9 “Universal Waste”						
	SUBPART B STANDARDS FOR SMALL QUANTITY HANDLERS OF UNIVERSAL WASTE	
†	WASTE MANAGEMENT	
	replace  the heading “Universal waste thermostats” with “Mercury-containing equipment”; replace “thermostats” with “mercury-containing equipment”	273.13(c) introductory paragraph						
	in the first sentence replace: “must contain” with “must place in a container”; replace “thermostat” with “mercury-containing equipment with non-contained elemental mercury or”, and “in a container” with “under reasonably foreseeable conditions”; in the second sentence: replace “thermostat and” with “device”, add to the end “, and must be reasonably designed to prevent the escape of mercury into the environment by volatilization or any other means.”	273.13(c)(1)						
	replace “thermostats” with “mercury-containing equipment”	273.13(c)(2) introductory paragraph						
	insert “and manages” after “removes”	273.13(c)(2)(i)						
	not changed although published in the final rule	273.13(c)(2)(ii)						
	replace “the” with “that” before “containment device”	273.13(c)(2)(iii)						
	not changed although published in the final rule	273.13(c)(2)(iv)-(vii)						
	remove “and” from the end of the provision	273.13(c)(2)(viii)						
	redesignate previous 273.13(c)(3) as 273.13(c)(4) and add new subparagraph (c)(3); a small quantity handler of universal waste mercury-containing equipment that does not contain an ampule may remove the open original housing holding the mercury from universal waste mercury-containing equipment provided the handler:	273.13(c)(3) introductory paragraph						
	immediately seals the original
housing holding the mercury with an air-tight seal to prevent the release of any mercury to the environment; and	273.13(c)(3)(i)						
	follows all requirements for
removing ampules and managing
removed ampules under paragraph
(c)(2) of this section; and	273.13(c)(3)(ii)						
3	replace “thermostats” with “mercury-containing equipment or seals mercury from mercury-containing equipment in its original housing”	273.13(c)(4)(i) introductory paragraph						
	remove the semi-colon (;) after “leaks”	273.13(c)(4)(i)(A)						
	insert “or housings” after “ampules”; in the parenthetical replace “remaining thermostat units” with “the remaining mercury-containing device”	273.13(c)(4)(i)(B)						
	text unchanged in final rule	273.13(c)(4)(ii)						
	text unchanged in final rule	273.13(c)(4)(iii)						
†	LABELING/MARKING	
	redesignate existing 273.14(d) as 273.14(d)(2) and add new subparagraph designated as 273.14(d)(1),; Universal waste mercury-containing equipment (i.e., each device), or a container in which the equipment is contained, must be labeled or marked clearly with any of the following phrases: “Universal Waste—Mercury
Containing Equipment,’’ ‘‘Waste Mercury-Containing Equipment,’’ or ‘‘Used Mercury-Containing Equipment.’’	273.14(d)(1)						
4	redesignate existing 273.14(d)(1) as 273.14(d)(2); replace text before the colon (:) with “A universal waste mercury-containing thermostat or container containing only universal waste mercury-containing thermostats may be labeled or marked clearly with any of the following phrases”	273.14(d)(2)						
	SUBPART C STANDARDS FOR LARGE QUANTITY HANDLERS OF UNIVERSAL WASTE	
†	NOTIFICATION	
	replace “thermostats” with “mercury-containing equipment”	273.32(b)(4)						
	remove text from end starting with “and the types of universal waste…”	273.32(b)(5)						
†	WASTE MANAGEMENT	
	replace “Universal waste thermostats” with “Mercury-containing equipment”; replace “thermostats” with “mercury-containing equipment”;	273.33(c) introductory paragraph						
	in the first sentence replace: “must contain” with “must place in a container”, “thermostat” with “mercury-containing equipment with non-contained elemental mercury or”, and “in a container” with “under reasonably foreseeable conditions”; in the second sentence: replace “thermostat and” with “device”, add to the end “, and must be reasonably designed to prevent the escape of mercury into the environment by volatilization or any other means.”	273.33(c)(1)						
	replace “thermostats” with “mercury-containing equipment”	273.33(c)(2) introductory paragraph						
	insert “and manages” after “removes”	273.33(c)(2)(i)						
	not changed although published in the final rule	273.33(c)(2)(ii)						
	replace “from” with “of” before “broken ampules”, and “the” with “that” before “containment device”	273.33(c)(2)(iii)						
	not changed although published in the final rule	273.33(c)(2)(iv)-(vii)						
	remove “and” from the end of the provision	273.33(c)(2)(viii)						
	redesignate previous 273.33(c)(3) as 273.33(c)(4) and add new subparagraph (c)(3); a large quantity handler of universal waste mercury-containing equipment that does not contain an ampule may remove the open original housing holding the mercury from universal waste mercury-containing equipment provided the handler:	273.33(c)(3) introductory paragraph						
	immediately seals the original
housing holding the mercury with an air-tight seal to prevent the release of any mercury to the environment; and	273.33(c)(3)(i)						
	follows all requirements for
removing ampules and managing
removed ampules under paragraph
(c)(2) of this section; and	273.33(c)(3)(ii)						
5	redesignate previous 273.33(c)(3) as 273.33(c)(4); replace “thermostats” with “mercury-containing equipment or seals mercury from mercury-containing equipment in its original housing”	273.33(c)(4)(i) introductory paragraph						
	remove the semi-colon (;) after “leaks”	273.33(c)(4)(i)(A)						
	insert “or housings” after “ampules”; in the parenthetical replace “remaining thermostat units” with “the remaining mercury-containing device”	273.33(c)(4)(i)(B)						
	text unchanged in final rule	273.33(c)(4)(ii)						
	text unchanged in final rule	273.33(c)(4)(iii)						
†	LABELING/MARKING	
	redesignate existing 273.34(d) as 273.34(d)(2) and add new subparagraph designated as 273.34(d)(1), universal waste mercury-containing equipment (i.e., each device), or a container in which the equipment is contained, must be labeled or marked clearly with any of the following phrases: “Universal Waste—Mercury
Containing Equipment,’’ ‘‘Waste Mercury-Containing Equipment,’’ or ‘‘Used Mercury-Containing Equipment.’’	273.34(d)(1)						
	redesignate existing 273.34(d) as 273.34(d)(2); replace text before the colon (:) with “A universal waste mercury-containing thermostat or container containing only universal waste mercury-containing thermostats may be labeled or marked clearly with any of the following phrases”	273.34(d)(2)						
†	Optional provisions.