§ 66273.72. Authorization for Disassembling/Draining Activities.

(a)(1) Universal waste handlers shall not conduct any activity pursuant to this section if the activity involves the use or application of:

(A) Chemicals, including water; and/or

(B) External heat.

(2) A universal waste handler shall perform a hazardous waste determination pursuant to section 66262.11 for all residuals resulting from the activities authorized by subsection (c) of this section, and shall:

(A) Be deemed the generator of all residuals that are hazardous waste.

(B) For all residuals that are hazardous wastes, comply with all the applicable requirements of chapters 12, 14, 15, 16, 18, 20, 22 and 23 of this division and the applicable notification requirements in Health and Safety Code section 25153.6, except as otherwise provided in subsections (a)(3), (a)(4), (a)(6) or (a)(7) of this section.

(3) Notwithstanding section 66261.3, subsection (c) and section 66262.11, subsection (d), a handler who is deemed the generator of a residual that is a hazardous waste pursuant to subsection (a)(2)(A) of this section may manage that hazardous waste residual pursuant to any applicable chapter 11 exclusion or exemption [e.g., the scrap metal exclusion provided in § 66261.6, subsec. (a)(3)(B)], except for residual printed circuit boards, which shall be managed pursuant to subsection (a)(4) and (a)(5), or (a)(6) of this section.

(4) Prior to conducting any subsequent treatment activity authorized by section 66273.73 on any residual printed circuit board resulting from removal activities conducted under this section, a universal waste handler shall manage the residual printed circuit board in a manner that prevents a release to the environment by:

(A) Containing the residual printed circuit board in a container that is structurally sound and compatible with the residual printed circuit board,

(B) Labeling the container with the following phrase: “Residual Printed Circuit Boards,” and

(C) If the residual printed circuit board is spilled or might reasonably be expected to cause a release to the environment under reasonably foreseeable conditions, cleaning it up and placing it in a container.

(5) A universal waste handler who conducts further treatment pursuant to section 66273.73 on any residual printed circuit board, CRT, and/or CRT glass resulting from any activity authorized by this section shall also comply with the applicable requirements of that section.

(6) A universal waste handler who does not conduct further treatment pursuant to section 66273.73 on a residual printed circuit board resulting from removal activities conducted under this section shall manage the printed circuit board as prescribed in section 66273.75, subsection (c).

(7) Except as provided in subsections (a)(3), (a)(5) or (a)(6) of this section, a universal waste handler who conducts further treatment on any residual that is a hazardous waste resulting from any activity authorized by this section shall not conduct such treatment, nor use any treatment method, unless that person obtains a hazardous waste facility permit or other form of authorization from the department.

(b) Removing CRTs from electronic devices that are CRT devices. A universal waste handler who conducts the activity identified in subsection (b)(1) of this section on electronic devices that are CRT devices shall be deemed authorized by the Department to do so, provided the universal waste handler complies with the requirements specified in this subsection.

(1) The universal waste handler shall remove CRTs from electronic devices in a manner that prevents breakage of the CRTs.

(2) The universal waste handler shall:

(A) Remove CRTs only over, on, or in, a containment device (e.g., a tray, a box, a workbench, a table, or an enclosed machine) sufficient in size and construction to contain any CRT glass that may be released to the environment under reasonably foreseeable conditions in the event of breakage;

(B) Ensure that persons removing CRTs are thoroughly familiar with the techniques and safety precautions required to remove CRTs safely (e.g., releasing the vacuum from each CRT and discharging the CRT);

(C) Place the removed CRTs in a container with packing materials, if such materials are necessary to prevent breakage of the CRTs during handling, storage and transportation; and

(D) Manage the packaged CRTs in accordance with the requirements of section 66273.33.5, subsection (b).

(3) Except as provided in subsection (b)(4) of this section, the universal waste handler shall be exempt from the notification, annual reporting, and recordkeeping requirements specified in section 66273.74, but shall:

(A) Treat CRTs pursuant to subsection (c) of this section or section 66273.73 or send or take CRTs to another universal waste handler for treatment pursuant to subsection (c) of this section or section 66273.73 or manage CRTs pursuant to subsection (b)(4) of this section.

(4) A universal waste handler who does not conduct further treatment on CRTs pursuant to subsection (c) of this section or section 66273.73 or send or take CRTs to another universal waste handler for treatment pursuant to subsection (c) of this section or section 66273.73 shall:

(A) Comply with the notification, annual reporting, and recordkeeping requirements specified in section 66273.74, subsections (a) through (c)(1);

(B) Ensure that the removed CRTs are recycled or disposed as required by this section;

(C) Ship the accumulated CRTs for reclamation at a CRT glass manufacturer or at a primary or secondary lead smelter or determine that they are to be recycled by other means or disposed;

(D) Upon determining that the CRTs are destined for recycling by means other than reclamation of CRT glass at a CRT glass manufacturer or primary or secondary lead smelter pursuant to subsection (b)(4)(C) of this section, and notwithstanding subsection (c) of section 66261.3, be deemed the generator of hazardous waste CRTs, and determine if the CRTs are a recyclable material excluded from regulation as hazardous wastes pursuant to subdivision (b) or (d) of Health and Safety Code section 25143.2, as required by subsection (a) of section 66262.11:

1. If the universal waste handler determines that the CRTs are a recyclable material excluded from regulation as hazardous wastes pursuant to subdivision (b) or (d) of Health and Safety Code section 25143.2, the handler may either proceed to manage the CRTs as an excluded recyclable material or apply to the Department for concurrence with the universal waste handler's determination through the application procedure set forth in article 9 of this chapter before managing the CRTs as an excluded recyclable material. A universal waste handler who incorrectly determines that a CRT is an excluded recyclable material and fails to manage the CRT as a fully regulated hazardous waste is in violation of the requirements of this division and is subject to enforcement action.

2. If the universal waste handler chooses to obtain the Department's concurrence, the handler shall submit an application to the Department which includes all information required by subsection (a)(1) of section 66273.91. Pending concurrence by the Department pursuant to article 9 of this chapter, the universal waste handler shall manage the CRTs as hazardous waste in accordance with all applicable requirements in chapters 12 through 16, 18, 20 and 22 of this division, except as provided in subsection (b)(4)(D)3 of this section.

3. Notwithstanding subsections (a) and (c) of section 66262.34 of chapter 12 of this division, a universal waste handler who applies for the Department's concurrence may accumulate the CRTs onsite without a permit for no more than 90 days after the universal waste handler receives notification of the Department's disapproval of the application pursuant to subsection (h) of section 66273.91 of this chapter.

4. If the universal waste handler or the Department determines that the CRTs are not a recyclable material excluded from regulation as hazardous wastes pursuant to subdivision (b) or (d) of Health and Safety Code section 25143.2, the handler shall manage the CRTs as hazardous waste in accordance with all applicable requirements in chapters 12 through 16, 18, 20 and 22 of this division.

(E) Upon determining that the CRTs are destined for disposal pursuant to subsection (b)(4)(C) or (b)(4)(D)4 of this section, be deemed the generator of hazardous waste CRTs and:

1. Manage the CRTs as hazardous waste in accordance with all applicable requirements of chapters 12 through 16, 18, 20 and 22 of this division; and

2. Upon request, submit to the Department the following information:

a. The quantity of CRTs to be disposed;

b. The quantity of CRTs recycled in the previous calendar year;

c. The quantity of CRTs generated in the previous calendar year; and

d. The technological, economic or other reasons for not recycling the CRTs, taking into account relevant factors, which may include, but is not limited to:

(i) the quantity of CRTs available for recycling;

(ii) any chemical, physical or other properties of the CRTs that might affect its recyclability;

(iii) the treatment required in recycling the CRTs and the availability of and cost of suitable treatment technology;

(iv) the marketability of CRT glass for recycling, including current market prices for lead; and

(v) any information pertaining to facilities that could have potentially recycled the CRTs that influenced the universal waste handler's decision to dispose of the CRTs.

e. any other information the Department determines is necessary to demonstrate that the CRTs cannot be recycled, including, but not limited to, the documentation on which the handler's section 66273.72(b)(3)(E)2.d submittal is based.

(F) For reclamation at a CRT glass manufacturer or primary or secondary lead smelter:

1. If the CRTs will be passing through an intermediate facility, prior to arranging for transport of the CRTs to the intermediate facility make contractual arrangements with the intermediate facility to ensure that CRTs are sent to the CRT glass manufacturer or primary or secondary lead smelter identified by the universal waste handler.

2. Submit to the Department upon request the following information:

a. The name, address and telephone number of the transporter;

b. The name and address of the CRT glass manufacturer or primary or secondary lead smelter;

c. If the CRTs will be passing through an intermediate facility for management, the name, address and telephone number of the intermediate facility;

d. For intermediate facilities in the United States, the type of intermediate facility;

e. A copy of the contractual arrangements between the universal waste handler and the intermediate facility made pursuant to subsection (b)(4)(F)1 of this section, if applicable;

f. The quantity of CRTs in each shipment; and

g. Confirmation receipts from the CRT glass manufacturer or primary or secondary lead smelter that the CRTs were received.

(G) Comply with article 10 of this chapter for documents or information that the universal waste handler submits to the Department pursuant to subsections (b)(4)(E)2. or (b)(4)(F)(2) of this section and for which the universal waste handler asserts a claim of trade secret protection.

(H) Notwithstanding subsection (a) of section 66273.35, if on October 15, 2012 the universal waste handler has accumulated one or more CRTs for longer than six months, meet the requirements as specified in subsection (b)(3)(A) or (b)(4)(C) of this section on or before April 13, 2013.

(c) Dismantling electronic devices that are not CRT devices and/or removing yokes from CRTs. A universal waste handler who conducts any of the activities identified in subsection (c)(1) of this section shall be deemed authorized by the Department to do so, provided the universal waste handler complies with the requirements in this subsection.

(1) The universal waste handler:

(A) Dismantles, or otherwise manually segregates, components (e.g., circuit boards, integrated circuits, metals, plastic, wiring, batteries, lamps, etc.) from an electronic device, or

(B) Removes the yokes from CRTs but does not break the CRT glass.

(2) The universal waste handler shall:

(A) Comply with the notification, annual reporting, and recordkeeping requirements specified in section 66273.74, subsections (a) through (c)(1);

(B) Ensure that all residuals resulting from the activities authorized by subsection (c)(1) of this section that meet the definition of scrap metal in section 66260.10 are recycled; and

(C) Except as provided in subsection (c)(3) of this section, treat the CRTs pursuant to section 66273.73 or send or take CRTs to another universal waste handler for treatment pursuant to section 66273.73.

(D) Conduct the activities in a manner that protects persons managing the electronic devices and/or the CRTs, and that prevents releases of any universal wastes and/or any components of universal wastes, to the environment under reasonably foreseeable conditions, as follows:

1. Dismantle electronic devices and/or remove yokes from CRTs over, on, or in, a containment device (e.g., a tray, a box, a workbench, a table, or an enclosed machine) sufficient in size and construction to contain any universal waste and/or component of such waste that may be released to the environment under reasonably foreseeable conditions.

2. Contain any hazardous residuals produced from dismantling electronic devices and/or removing yokes from CRTs in a manner that prevents releases of the residuals to the environment under reasonably foreseeable conditions.

3. Immediately clean up and place in a container any electronic device and/or CRT that is accidentally or unintentionally broken and that may reasonably be expected to cause a release to the environment under reasonably foreseeable conditions. Such a container shall be structurally sound, be compatible with the contents of the electronic device and/or CRT, and prevent releases to the environment under reasonably foreseeable conditions.

4. Place CRTs in containers with packing materials, if such materials are necessary to prevent breakage during handling, storage and transportation.

5. Ensure that persons performing the activities are thoroughly familiar with the hazards associated with such treatment, have access to the proper procedures and protective equipment necessary to conduct the treatment safely, use such protective equipment if required by any applicable health and safety requirements, and comply with the requirements of this section;

6. Ensure that the facility is operated in compliance with all applicable health and safety laws and regulations [e.g., Cal. Code Regs., tit. 8, ch. 4 (Division of Industrial Safety) subch. 7 (General Industry Safety Orders), group 16 (Control of Hazardous Substances), art. 107 (Dusts, Fumes Vapors and Mists), and art. 109 (Hazardous Substances and Processes), and sec. 5198 (Lead)].

7. Ensure that the facility maintains aisle spacing in compliance with applicable fire safety code standards in California.

(3) A universal waste handler who does not conduct further treatment on CRTs pursuant to section 66273.73 or send or take CRTs to another universal waste handler for treatment pursuant to section 66273.73 shall:

(A) Ensure that the CRTs are recycled or disposed as required by this section.

(B) Ship the accumulated CRTs for reclamation at a CRT glass manufacturer or at a primary or secondary lead smelter or determine that they are to be recycled by other means or disposed;

(C) Upon determining that the CRTs are destined for recycling by means other than reclamation of CRT glass at a CRT glass manufacturer or primary or secondary lead smelter pursuant to subsection (c)(3)(B) of this section, and notwithstanding subsection (c) of section 66261.3, be deemed the generator of hazardous waste CRTs, and determine if the CRTs are a recyclable material excluded from regulation as hazardous wastes pursuant to subdivision (b) or (d) of Health and Safety Code section 25143.2, as required by subsection (a) of section 66262.11:

1. If the universal waste handler determines that the CRTs are a recyclable material excluded from regulation as hazardous wastes pursuant to subdivision (b) or (d) of Health and Safety Code section 25143.2, the handler may either proceed to manage the CRTs as an excluded recyclable material or apply to the Department for concurrence with the universal waste handler's determination through the application procedure set forth in article 9 of this chapter before managing the CRTs as an excluded recyclable material. A universal waste handler who incorrectly determines that a CRT is an excluded recyclable material and fails to manage the CRT as a fully regulated hazardous waste is in violation of the requirements of this division and is subject to enforcement action.

2. If the universal waste handler chooses to obtain the Department's concurrence, the handler shall submit an application to the Department which includes all information required by subsection (a)(1) of section 66273.91. Pending concurrence by the Department pursuant to article 9 of this chapter, the universal waste handler shall manage the CRTs as hazardous waste in accordance with all applicable requirements in chapters 12 through 16, 18, 20 and 22 of this division, except as provided in subsection (c)(3)(C)3 of this section.

3. Notwithstanding subsections (a) and (c) of section 66262.34 of chapter 12 of this division, a universal waste handler who applies for the Department's concurrence may accumulate the CRTs onsite without a permit for no more than 90 days after the universal waste handler receives notification of the Department's disapproval of the application pursuant to subsection (h) of section 66273.91 of this chapter.

4. If the universal waste handler or the Department determines that the CRTs are not a recyclable material excluded from regulation as hazardous wastes pursuant to subdivision (b) or (d) of Health and Safety Code section 25143.2, the handler shall manage the CRTs as hazardous waste in accordance with all applicable requirements in chapters 12 through 16, 18, 20 and 22 of this division.

(D) Upon determining that the CRTs are destined for disposal pursuant to subsection (c)(3)(B) or(c)(3)(C)4 of this section, be deemed the generator of hazardous waste CRTs and:

1. Manage the CRTs as hazardous waste in accordance with all applicable requirements of chapters 12 through 16, 18, 20 and 22 of this division; and

2. Upon request, submit to the Department the following information:

a. The quantity of CRTs to be disposed;

b. The quantity of CRTs recycled in the previous calendar year;

c. The quantity of CRTs generated in the previous calendar year; and

d. The technological, economic or other reasons for not recycling the CRTs, taking into account relevant factors, which may include but is not limited to:

(i) the quantity of CRTs available for recycling;

(ii) any chemical, physical or other properties of the CRT that might affect its recyclability;

(iii) the treatment required in recycling the CRTs and the availability of and cost of suitable treatment technology;

(iv) the marketability of CRT glass for recycling, including current market prices for lead; and

(v) any information pertaining to facilities that could have potentially recycled the CRTs that influenced the universal waste handler's decision to dispose of the CRTs.

e. any other information the Department determines is necessary to demonstrate that the CRTs cannot be recycled, including, but not limited to, the documentation on which the handler's section 66273.72(c)(3)(D)2.d submittal is based.

(E) For reclamation at a CRT glass manufacturer or primary or secondary lead smelter:

1. If the CRTs will be passing through an intermediate facility, prior to arranging for transport of the CRTs to the intermediate facility make contractual arrangements with the intermediate facility to ensure that CRTs are sent to the CRT glass manufacturer or primary or secondary lead smelter identified by the universal waste handler.

2. Submit to the Department upon request the following information:

a. The name, address and telephone number of the transporter;

b. The name and address of the CRT glass manufacturer or primary or secondary lead smelter;

c. If the CRTs will be passing through an intermediate facility for management, the name, address and telephone number of the intermediate facility;

d. For intermediate facilities in the United States, the type of intermediate facility;

e. A copy of the contractual arrangements between the universal waste handler and the intermediate facility made pursuant to subsection (c)(3)(E)1 of this section, if applicable;

f. The amount of CRTs in each shipment; and

g. Confirmation receipts from the CRT glass manufacturer or primary or secondary lead smelter that the CRTs were received.

(F) Comply with article 10 of this chapter for documents or information that the universal waste handler submits to the Department pursuant to subsections (c)(3)(D)2 or (c)(3)(E)2 of this section and for which the universal waste handler asserts a claim of trade secret protection.

(G) Notwithstanding subsection (a) of section 66273.35, if on October 15, 2012 the universal waste handler has accumulated one or more CRTs for longer than six months, meet the requirements as specified in subsection (c)(2)(C) or (c)(3)(B) of this section on or before April 13, 2013.

(d) Removing mercury ampules and/or mercury switches from mercury-containing equipment.

A universal waste handler, who conducts one or more of the activities identified in subsection (d)(1) of this section, shall be deemed authorized by the Department to do so, provided the universal waste handler complies with the requirements specified in subsection (d)(2) of this section.

(1) The universal waste handler removes mercury ampules and/or mercury switches from mercury-containing equipment.

(2) The universal waste handler shall be exempt from the notification, annual reporting, and recordkeeping requirements specified in section 66273.74, subsections (a) through (c)(1), but shall:

(A) Comply with the recordkeeping requirements specified in section 66273.74, subsection (c)(2); and

(B) Conduct the activities in a manner that protects persons managing the mercury ampules and/or the mercury switches, and that prevents releases of any universal wastes and/or any components of universal wastes, to the environment, as follows:

1. Remove the mercury ampules and/or the mercury switches in a manner designed to prevent their breakage.

2. Remove the mercury ampules and/or the mercury switches only over, on, or in, a containment device (e.g., a tray or pan) sufficient to contain any liquid mercury that may be released to the environment (e.g., from a mercury ampule accidentally broken during removal).

3. Ensure that a mercury clean-up system is readily available for immediately transferring from the containment device to an airtight container meeting the requirements of section 66262.34, any mercury spilled or leaked from broken mercury ampules and/or mercury switches.

4. Transfer immediately from the containment device to an airtight container meeting the requirements of section 66262.34, any mercury spilled or leaked from broken mercury ampules and/or mercury switches.

5. Ensure that the area in which mercury ampules and/or mercury switches are removed is well ventilated and monitored to ensure compliance with applicable Occupational Safety and Health Administration (OSHA) and CalOSHA exposure levels for mercury.

6. Ensure that employees removing mercury ampules and/or mercury switches are thoroughly familiar with proper handling and emergency procedures relevant to mercury and to the employees' responsibilities during normal facility operations and emergencies, including transfer of mercury from containment devices to appropriate containers.

7. Pack in containers removed mercury ampules and/or mercury switches with packing materials adequate to prevent breakage of those ampules and/or switches during storage, handling, and transportation.

8. Store removed mercury ampules and/or mercury switches in closed, non-leaking containers that are in good condition.

(e) Draining liquid mercury from pressure or vacuum gauges. A universal waste handler, who conducts one or more of the activities identified in subsection (e)(1) of this section, shall be deemed authorized by the Department to do so, provided the universal waste handler complies with the requirements specified in subsection (e)(2) of this section.

(1) The universal waste handler drains liquid (i.e., elemental) mercury from pressure or vacuum gauges generated by that universal waste handler, at the site where those pressure or vacuum gauges were generated.

(2) The universal waste handler shall be exempt from the notification, annual reporting, and recordkeeping requirements specified in section 66273.74, but shall:

(A) Ensure that all activity residuals meeting the definition of scrap metal in section 66260.10 are recycled.

(B) Conduct the activities in a manner that protects persons managing the pressure or vacuum gauges, and that prevents releases to the environment of any universal wastes and/or any components of universal wastes, as follows:

1. Except as otherwise provided in subsections (e)(2)(B)2. through (e)(2)(B)7. of this section, fulfill all requirements for removing mercury ampules and/or mercury switches pursuant to subsection (d)(2) of this section.

2. Ensure that the activities are performed safely by developing and implementing a written procedure detailing how to drain elemental mercury from pressure or vacuum gauges properly. This procedure shall address: the type of equipment to be used to drain the pressure or vacuum gauges safely; the operation and maintenance of the equipment; the appropriate personal protective equipment; the segregation of incompatible wastes; the proper waste management practices; the spill response procedures; and the characterization of wastes.

3. Transfer drained elemental mercury to a designated container immediately. The designated container shall be kept closed (except when adding or removing elemental mercury), be structurally sound, be compatible with elemental mercury, and lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.

4. Store drained elemental mercury in a container that meets the requirements of subsection (d)(2)(B)3. of this section.

5. Ensure that any container into which elemental mercury from a pressure or vacuum gauge is drained, or in which drained elemental mercury is stored, is placed into a secondary container that is in good condition, compatible with elemental mercury, and large enough to accommodate the contents of the primary container if it should leak or break.

6. Maintain for each designated container described in subsection (e)(2)(B)3. of this section, documentation that includes: the date when accumulation of elemental mercury in the container began; a description of the pressure or vacuum gauges from which the elemental mercury originated; the cumulative quantity of elemental mercury in the container; and the date when accumulation of elemental mercury in the container ended [i.e., when the container was either full or reached the limit specified in subsection (e)(2)(B)7. of this section].

7. Accumulate no more than 35 kilograms (77 pounds) of elemental mercury at any one time.

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

a. Intact, or partially intact, pressure or vacuum gauges from which elemental mercury has been drained;

b. Elemental mercury or clean-up residues resulting from spills or leaks associated with handling pressure or vacuum gauges; and/or

c. Other wastes generated as a result of handling pressure or vacuum gauges.

2. Manage, in compliance with all applicable requirements of this chapter, an intact, or partially intact, pressure or vacuum gauge from which elemental mercury has been drained, if that pressure or vacuum gauge exhibits a characteristic of hazardous waste.

3. Manage, in compliance with all applicable requirements of this division, elemental mercury and/or clean-up residues resulting from spills or leaks, and/or other wastes, if the elemental mercury, clean-up residues, and/or other wastes exhibit a characteristic of hazardous waste. The universal waste handler is considered the generator of the elemental mercury, clean-up residues, and/or other wastes and shall manage them pursuant to chapter 12 of this division.

4. Manage, in any way that complies with all applicable federal, state and/or local solid waste regulations, an intact, or partially intact, pressure or vacuum gauge, elemental mercury and/or clean-up residue, and/or other waste if they do not exhibit a characteristic of hazardous waste.

HISTORY

1. New section filed 2-4-2009; operative 2-4-2009 (Register 2009, No. 6).

2. Amendment of subsections (a)(5) and (b)(2), new subsections (b)(3)-(b)(4)(H), amendment of subsection (c)(2)(B), new subsection (c)(2)(C), subsection relettering, new subsections (c)(3)-(c)(3)(G) and amendment of Note filed 10-15-2012 as an emergency; operative 10-15-2012 (Register 2012, No. 42). 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.

Note

Note: Authority cited: Sections 25141, 25141.5, 25143.2, 25150, 25173, 25201, 25214.6, 25214.9, 25214.10.2, 25219.1 and 58012, Health and Safety Code; and Section 42475, Public Resources Code. Reference: Sections 25141, 25141.5, 25150, 25159.5, 25173, 25201, 25212, 25214.6, 25214.9, 25219, 25219.1 and 25219.2, Health and Safety Code.