§ 66273.4. Applicability-Mercury-Containing Equipment.

(a) Mercury-containing equipment covered pursuant to chapter 23. Except as provided in subsection (b) of this section, the requirements of this chapter apply to persons managing the following mercury-containing equipment:

(1) Thermostats, as defined in section 66273.9.

(2) Mercury switches:

(A) Mercury-containing motor vehicle light switches, as defined in section 66273.9, that meet listing description M001 in section 66261.50, motor vehicles that contain such switches, and portions of motor vehicles that contain such switches;

(B) Non-automotive mercury switches, as defined in section 66273.9, that meet listing description M002 in section 66261.50, and products that contain such switches.

(3) Dental amalgam, as defined in section 66273.9.

(4) Pressure or vacuum gauges, as defined in section 66273.9.

(5) Mercury-added novelties, as defined in section 66273.9 that meet listing description M004 in section 66261.50.

(6) Mercury counterweights and dampers, as defined in section 66273.9, and products containing mercury counterweights and dampers.

(7) Thermometers, as defined in section 66273.9.

(8) Dilators and weighted tubing, as defined in section 66273.9.

(9) Mercury-containing rubber flooring, as defined in section 66273.9.

(10) Gas flow regulators, as defined in section 66273.9.

(b) Mercury-containing equipment not covered pursuant to this chapter. The requirements of this chapter do not apply to persons managing the following mercury-containing equipment:

(1) Mercury-containing equipment that is not yet a waste pursuant to chapter 11 of this division. Subsection (c) of this section describes when mercury-containing equipment becomes a waste.

(2) Mercury-containing equipment that does not exhibit a characteristic of a hazardous waste as set forth in article 3 of chapter 11 and is not listed in article 4.1 of chapter 11 of this division.

(3) Mercury-containing equipment from which the mercury-containing components have been removed (e.g., motor vehicles, motor vehicle switches, novelties). (If it exhibits a characteristic of a hazardous waste in article 3 of chapter 11, such equipment is regulated as a hazardous waste pursuant to chapters 10 through 16, 18, and 20 through 22 of this division.)

(4) Switches that do not contain mercury. (If they exhibit a characteristic of a hazardous waste in article 3 of chapter 11, such switches are regulated as hazardous wastes pursuant to chapters 10 through 16, 18, and 20 through 22 of this division.)

(5) Waste mercury-containing equipment other than thermostats, mercury-added novelties containing no liquid mercury, and mercury-containing rubber flooring, that is destined for disposal or is disposed to a class I landfill. Such mercury-containing equipment is regulated as a hazardous waste pursuant to chapters 10 through 16, 18, and 20 through 22 of this division.

(6) Waste motor vehicles, portions of motor vehicles, appliances, and portions of appliances from which all mercury light switches have not been removed (other than switches that cannot be removed due to accidental damage to the vehicle), and that are crushed, baled, sheared, or shredded. (If they exhibit a characteristic of a hazardous waste in article 3 of chapter 11, such motor vehicles, portions of motor vehicles, appliances, or portions of appliances are regulated as hazardous wastes pursuant to chapters 10 through 16, 18, and 20 through 22 of this division.)

(7) Empty used dental-amalgam capsules. (If they exhibit a characteristic of a hazardous waste in article 3 of chapter 11, such dental-amalgam capsules are regulated as hazardous wastes pursuant to chapters 10 through 22 of this division.)

(8) Waste thermometers that do not use the expansion and contraction of a column of mercury to measure temperature. (If they exhibit a characteristic of a hazardous waste in article 3 of chapter 11, such thermometers are regulated as hazardous wastes pursuant to chapters 10 through 16, 18, and 20 through 22 of this division.)

(c) Generation of waste mercury-containing equipment.

(1) Used mercury-containing equipment becomes a waste on the date it is discarded (e.g., when stored prior to being sent for reclamation) or, for M001 portions of motor vehicles, when the M001 portion is first removed from the motor vehicle.

(2) Unused mercury-containing equipment.

(A) Unused mercury-containing equipment that is not a retrograde material becomes a waste on the date it is discarded (e.g., when stored prior to being sent for reclamation).

(B) Unused mercury-containing equipment that is a retrograde material becomes a waste on the date that it becomes a recyclable material pursuant to subsection (e) of the definition of “recyclable materials” in section 66260.10.

(3) A motor vehicle from which any mercury-containing light switches have not been removed becomes a waste on the date the decision is made to crush, bale, shear, or shred it.

(4) Dental-amalgam particles contained in reusable chair side traps, reusable vacuum pump filters, and dental-amalgam separators become wastes on the date they are removed from these traps, filters, and separators.

(5) An unused mercury counterweight or damper, or an unused product containing one or more mercury counterweights or dampers, becomes a waste on the date the decision is made to discard it.

HISTORY

1. New section filed 3-6-2000 as an emergency; operative 3-6-2000 (Register 2000, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-5-2000 or emergency language will be repealed by operation of law on the following day.

2. New sectionrefiled 6-29-2000 as an emergency; operative 7-6-2000 (Register 2000, No. 26). A Certificate of Compliance must be transmitted to OAL by 11-3-2000 or emergency language will be repealed by operation of law on the following day.

3. New sectionrefiled 11-1-2000 as an emergency; operative 11-4-2000 (Register 2000, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-5-2001 or emergency language will be repealed by operation of law on the following day.

4. New sectionrefiled 3-6-2001 as an emergency; operative 3-6-2001 (Register 2001, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-5-2001 or emergency language will be repealed by operation of law on the following day.

5. New sectionrefiled 6-26-2001 as an emergency; operative 7-5-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 11-2-2001 or emergency language will be repealed by operation of law on the following day.

6. New sectionrefiled 11-2-2001 as an emergency; operative 11-3-2001 (Register 2001, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-4-2002 or emergency language will be repealed by operation of law on the following day.

7. Certificate of Compliance as to 11-2-2001 order transmitted to OAL 12-27-2001 and filed 2-8-2002 (Register 2002, No. 6).

8. Amendment of subsection (a) and amendment of Note filed 2-3-2003; operative 2-3-2003 (Register 2003, No. 6).

9. Amendmentof section heading and section filed 2-4-2009; operative 2-4-2009 (Register 2009, No. 6).

Note

Note: Authority cited: Sections 25141, 25150, 25150.6 and 58012, Health and Safety Code. Reference: Sections 25141, 25150 and 25159.5, Health and Safety Code; 40 CFR Section 273.4.