§ 66273.33. Universal Waste Management Requirements for Batteries, Lamps, and Mercury-Containing Equipment.

The requirements of this section apply only to universal waste handlers of batteries, lamps (including M003 wastes that contain lamps), and mercury-containing equipment. The corresponding requirements for universal waste handlers of electronic devices, CRTs, and CRT glass are set forth in section 66273.33.5. Handlers of universal wastes that are both electronic devices and M003 wastes [e.g., an electronic device that contains a lamp [an M003 waste)] shall comply with this section and section 66273.33.5 for the management of those universal wastes. However, once lamp removal is completed on such waste, such waste shall no longer to be managed as M003 waste and it shall be managed as an electronic device pursuant to section 66273.33.5, if applicable.

(a) Batteries. A handler shall manage batteries in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:

(1) A universal waste handler shall contain any battery 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 battery and its contents, and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.

(2) A universal waste handler may conduct the following activities as long as the casing of each individual battery cell is not breached and remains intact and closed (except that cells may be opened to remove electrolyte but shall be immediately closed after removal):

(A) Sorting batteries by type;

(B) Mixing battery types in one container;

(C) Discharging batteries so as to remove the electric charge;

(D) Regenerating used batteries;

(E) Disassembling batteries or battery packs into individual batteries or cells;

(F) Removing batteries from consumer products; or

(G) Removing electrolyte from batteries.

(3) A universal waste handler who removes electrolyte from batteries, or who generates other waste (e.g., battery pack materials, discarded consumer products) as a result of the activities listed in subsection (a)(2) of this section, shall determine whether the electrolyte and/or other waste exhibit a characteristic of hazardous waste identified in article 3 of chapter 11.

(A) If the electrolyte and/or other waste exhibit a characteristic of hazardous waste, it shall be managed in compliance with all applicable requirements of this division. The universal waste handler is considered the generator of the hazardous electrolyte and/or other waste and is subject to chapter 12.

(B) If the electrolyte or other waste is not hazardous, the universal waste handler may manage the waste in any way that is in compliance with applicable federal, state or local solid waste regulations.

(b) Lamps (including M003 wastes that contain lamps). A universal waste handler shall manage lamps in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:

(1) A universal waste handler shall contain any lamp in a container or package that is structurally sound, adequate to prevent breakage, and compatible with the contents of the lamp. Such a container or package shall remain closed and shall lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.

(2) A universal waste handler shall immediately clean up and place in a container any lamp that is broken and shall place in a container any lamp that shows evidence of leakage or damage that could cause the release of mercury or other hazardous constituents to the environment. Containers shall be closed, structurally sound, compatible with the contents of the lamps and shall lack evidence of leakage, spillage, or damage that could cause leakage or releases of mercury or other hazardous constituents to the environment under reasonably foreseeable conditions.

(3) A universal waste handler may remove a lamp from a product or structure, provided the universal waste handler removes the lamp in a manner designed to prevent breakage.

(c) Mercury-containing equipment.

(1) Accumulation. A universal waste handler who accumulates any mercury-containing equipment received from another universal waste handler shall:

(A) Comply with all applicable requirements for handling hazardous materials;

(B) Disclose in all applicable business and use permitting applications that mercury is being handled;

(C) Comply with the location standards in section 66265.18;

(D) Comply with the seismic and precipitation design standards in section 66265.25;

(E) Accumulate mercury-containing equipment only in locations that are zoned for commercial or industrial uses, are consistent with local zoning requirements and land use patterns, and do not pose site-specific land-use hazards or contain sensitive habitat area, based on a review of state and local planning documents and constraints mapping.

(2) Prevention of releases to the environment. A universal waste handler, who manages the types of mercury-containing equipment identified in subsections (c)(3) through (c)(5) of this section, shall comply with the requirements specified in those subsections.

(3) Mercury-containing rubber flooring. A universal waste handler shall manage mercury-containing rubber flooring in a way that prevents releases of any universal waste or component of a universal waste to the environment under reasonably foreseeable conditions.

(4) Dental amalgams and/or pressure or vacuum gauges. A universal waste handler shall manage dental amalgams and/or pressure or vacuum gauges in a way that prevents releases of any universal waste or component of a universal waste to the environment under reasonably foreseeable conditions, and shall:

(A) Comply with all of the following with respect to the dental amalgams:

1. Place dental amalgams (e.g., dental-amalgam scraps and fines, single-use dental-amalgam traps and filters, and extracted teeth with dental-amalgam restorations) in airtight containers. The containers shall be kept closed, except when dental amalgams are being added or removed.

2. Not rinse dental-amalgam traps or filters into a sink.

3. Not place dental amalgams into medical waste containers.

(B) Comply with all of the following with respect to the pressure or vacuum gauges:

1. Manage pressure or vacuum gauges as follows:

a. All openings through which mercury could escape shall be securely closed with appropriately sized stoppers or other closures that are compatible with the contents of the pressure or vacuum gauge.

b. Each pressure or vacuum gauge shall be sealed in a plastic bag. Plastic bags containing pressure or vacuum gauges shall be placed into a container or package that is structurally sound, adequate to prevent breakage, and compatible with the contents of the pressure or vacuum gauge. The container or package shall remain closed (except when pressure or vacuum gauges are added or removed), and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions. The container shall contain packing materials adequate to prevent breakage during storage, handling, and transportation.

c. Pressure or vacuum gauges shall be kept upright at all times during handling, accumulation, and transportation.

d. A mercury clean-up system shall be readily available to transfer immediately any mercury resulting from spills or leaks from pressure or vacuum gauges to an airtight container that meets the requirements of subsection (c)(4)(B)1.b. of this section.

2. Meet the requirements of subsection (c)(7) of this section, if removing liquid mercury from a pressure or vacuum gauge.

(5) All other mercury-containing equipment. A universal waste handler of the mercury-containing equipment listed in subsections (c)(5)(A) through (c)(5)(F) of this section (i.e., thermostats, mercury switches, mercury-added novelties, gas flow regulators, mercury counterweights and dampers, and/or dilators and weighted tubing) shall manage such equipment in a way that prevents releases of any universal waste or component of a universal waste to the environment under reasonably foreseeable conditions, and shall comply with the additional requirements specified in those subsections.

(A) Thermostats. A universal waste handler shall manage thermostats (and ampules removed from thermostats) in accordance with the requirements of subsection (c)(6)(A) of this section.

(B) Mercury switches and/or thermometers. A universal waste handler shall manage mercury switches and/or thermometers in accordance with the requirements of subsection (c)(6)(C) of this section and with the following requirements, as applicable:

1.a. Contain in a sealed plastic bag in a container, any mercury switch or thermometer that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions. The container shall be closed (except when a mercury switch or thermometer is added or removed), structurally sound, and compatible with the contents of the mercury switches and/or thermometers, and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions. The container shall contain packing materials adequate to prevent breakage of mercury switches and/or thermometers during storage, handling, and transportation.

b. Accumulate thermometers in closed, non-leaking containers that are in good condition and shall pack thermometers with packing materials adequate to prevent breakage during storage, handling, and transportation.

2. Do the following, prior to crushing, baling, shearing, or shredding a motor vehicle equipped with one or more mercury switches that are also mercury-containing motor vehicle light switches:

a. Remove all such mercury switches (except those that cannot be removed due to accidental damage to the vehicle) or ensure that all such mercury switches (except those that cannot be removed due to accidental damage to the vehicle) have already been removed; and

b. Comply with subsection (c)(7) of this section, if removing a mercury-containing motor vehicle light switch.

(C) Mercury-added novelties. A universal waste handler shall manage mercury-added novelties in accordance with the requirements of subsection (c)(6)(C) of this section and with the following requirements, as applicable:

1. Manage mercury-added novelties, whose only mercury is contained in a button cell or other battery, pursuant to the requirements for batteries specified in subsection (a) of this section.

a. A universal waste handler, who is also a conditionally exempt small quantity universal waste generator, may remove from such mercury-added novelties batteries containing mercury if they are removable.

b. Batteries removed from such mercury-added novelties may be managed pursuant to subsection (a) of this section.

2. Accumulate in an airtight container, mercury-added novelties that are painted with paint containing mercury. The container shall be closed (except when mercury-added novelties are added or removed), structurally sound, and compatible with the mercury-added novelties, and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.

3. Manage mercury-added novelties that contain liquid mercury, as follows:

a. Such mercury-added novelties shall be packed in an airtight container, with packing materials adequate to prevent breakage during storage, handling, and transportation. The container shall: be closed (except when mercury-added novelties are added or removed), structurally sound, and compatible with the mercury-added novelties, and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.

b. Any such mercury-added novelty that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions shall be placed in an airtight container. The container shall meet the requirements of subsection (c)(5)(C)3.a. of this section.

c. A mercury clean-up system shall be readily available.

4. Manage mercury-added novelties, whose only mercury is contained in mercury switches, pursuant to the requirements of subsection (c)(5)(B) of this section.

a. A universal waste handler may manage mercury switches removed from mercury-added novelties as mercury switches.

b. A universal waste handler shall comply with subsection (c)(7) of this section, if removing a mercury switch from a mercury-added novelty.

(D) Gas flow regulators. A universal waste handler shall manage gas flow regulators in accordance with the requirements of subsection (c)(6)(C) of this section and with all of the following requirements:

1. Ensure that gas flow regulators are kept upright at all times during accumulation and transportation.

2. Place each gas flow regulator into an airtight container or package that is structurally sound, adequate to prevent breakage, and compatible with the contents of the gas flow regulator. The container or package shall remain closed and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.

3. Ensure that a mercury clean-up system is readily available to transfer immediately any mercury resulting from spills or leaks from gas flow regulators, to an airtight container that meets the requirements of subsection (c)(5)(D)2. of this section.

(E) Mercury counterweights and dampers. A universal waste handler shall manage mercury counterweights and dampers in accordance with the requirements of subsections (c)(6)(B) and (c)(6)(C) of this section and with all of the following requirements:

1. Prior to shipping mercury counterweights and dampers to a recycler, pack them in a container, with packing materials adequate to prevent breakage during storage, handling, and transportation. The container shall be closed (except when mercury counterweights and dampers are added or removed), structurally sound, and compatible with the contents of the mercury counterweight or damper; and lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.

2. Ensure that a mercury clean-up system is readily available.

(F) Dilators and weighted tubing. A universal waste handler shall manage dilators and weighted tubing in accordance with the requirements of subsections (c)(6)(B) and (c)(6)(C) of this section, and with all of the following requirements:

1. Prior to shipping dilators and weighted tubing, pack them in a container with packing materials adequate to prevent breakage during storage, handling, and transportation. The container shall be closed (except when dilators and weighted tubing are added or removed), structurally sound, and compatible with the contents of the dilators and weighted tubing, and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.

2. Ensure that a mercury clean-up system is readily available.

(6) General requirements. A universal waste handler shall manage the mercury-containing equipment identified in subsection (c)(5) of this section in accordance with the following requirements, as specified in that subsection:

(A) Place in a container any mercury-containing equipment with uncontained elemental mercury or that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions. The container shall: be closed (except when mercury-containing equipment is added or removed), structurally sound, and compatible with the contents of the mercury-containing equipment; lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.

(B) Place into a sealed plastic bag in an airtight container, any mercury-containing equipment that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions. The container shall: be closed (except when mercury-containing equipment is added or removed), structurally sound, and compatible with the contents of the mercury-containing equipment; and lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.

(C) Characterize residuals as follows:

1. Determine whether the following exhibit a characteristic of hazardous waste identified in article 3 of chapter 11 of this division:

a. Mercury or clean-up residues resulting from spills or leaks; and/or

b. Other wastes generated as a result of handling mercury-containing equipment.

2. If the mercury, residues, and/or other wastes exhibit a characteristic of hazardous waste, the universal waste handler shall manage the wastes in compliance with all applicable requirements of this division. The universal waste handler is considered the generator of the mercury, residues, and/or other wastes and shall manage them pursuant to chapter 12 of this division.

3. If the mercury, residues, and/or other wastes do not exhibit a characteristic of hazardous waste, the universal waste handler may manage the wastes in any way that complies with all applicable federal, state and local solid waste regulations.

(7) Treatment. A universal waste handler, who treats any mercury-containing equipment (e.g., removes ampules and mercury switches, drains pressure or vacuum gauges), shall comply with the applicable requirements of article 7 of this chapter in addition to the requirements of subsection (c) of this section with respect to the mercury-containing equipment.

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. New subsections (d)-(d)(3) and amendment of Note filed 2-3-2003; operative 2-3-2003 (Register 2003, No. 6).

9. New subsections (c)(3) and (e)-(l)(4)(C) and amendment of Note filed 2-13-2003; operative 3-15-2003 (Register 2003, No. 7).

10. Amendment of section and Note filed 6-7-2004 as an emergency; operative 6-7-2004 (Register 2004, No. 24). Pursuant to Public Resources Code section 42475.2, a Certificate of Compliance must be transmitted to OAL by 6-7-2006 or emergency language will be repealed by operation of law on the following day.

11. Amendment of section and Note refiled 6-5-2006 as an emergency, including further amendment of Note; operative 6-5-2006 (Register 2006, No. 23). Pursuant to Health and Safety Code section 25214.10.2, this emergency regulation shall remain in effect for a period of two years or until revised by the department, whichever occurs sooner.

12. Amendment of section and Note refiled 5-8-2008 as an emergency; operative 5-8-2008 (Register 2008, No. 19). Pursuant to Health and Safety Code section 25214.10.2, this emergency regulation shall remain in effect for a period of two years or until revised by the department, whichever occurs sooner.

13. Certificate of Compliance as to 5-8-2008 order, including amendment of section heading and further amendment of section and Note, transmitted to OAL 12-19-2008 and filed 2-4-2009 (Register 2009, No. 6).

14. Editorial correction of History 13 (Register 2009, No. 10.)

Note

Note: Authority cited: Sections 25141, 25150, 25201, 25214.6, 25214.9, 25219.1 and 58012, Health and Safety Code; and Section 42475, Public Resources Code. Reference: Sections 25141, 25150, 25159.5, 25201, 25212, 25214.6, 25214.9, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Section 273.33.