DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

Solid and Hazardous Waste Commission/Hazardous Materials and Waste Management Division

6 CCR 1007-3

hazardous waste

Amendments adopted by the Solid and Hazardous Waste Commission on August 21, 2007:

Part 273 Mercury-Containing Devices Amendments

1) Amend Section 273.2 by adding paragraph (c)(2)(iv) to read as follows: 

§ 273.2  Applicability.

(c)  Applicability - mercury-containing devices.

(1)  Mercury-containing devices covered under Part 273. The requirements of this part apply to persons managing mercury-containing devices, as described in § 273.9 of this part, except those listed in paragraph (c)(2) of this section.

(2)  Mercury-containing devices not covered under Part 273. The requirements of this part do not apply to persons managing the following mercury-containing devices:
(i)  Mercury-containing devices that are not yet wastes under Part 261 of these regulations. Paragraph (c)(3) of this section describes when mercury-containing devices become wastes.
(ii)  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 Part 261, Subpart C.
(iii)	Mercury-containing devices containing greater than 5 kilograms (about 11 pounds) of elemental mercury per device.
(iv)	Equipment and devices from which the mercury-containing components have been removed.

(3)  Generation of waste mercury-containing devices.
(i)  A used mercury-containing device becomes a waste on the date it is discarded (e.g., sent for reclamation).
(ii)  An unused mercury-containing device becomes a waste on the date the handler decides to discard it.
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2) Amend Section 273.9 by adding in alphabetical order the following definition for “Ampule”, and revising the definition of “Large Quantity Handler of Universal Waste” to read as follows: 

§ 273.9  Definitions

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“Ampule” means an airtight vial made of glass, plastic, metal, or any combination of these materials.

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“Large Quantity Handler of Universal Waste” means a universal waste handler (as defined in this section) who accumulates 5,000 kilograms or more total of universal waste (batteries, pesticides, mercury-containing devices, aerosol cans, lamps, etc., calculated collectively) at any time. This designation as a large quantity handler of universal waste is retained through the end of the calendar year in which the 5,000 kilogram limit is met or exceeded. 

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3) Amend Section 273.13 by revising subsection (c) to read as follows:

§ 273.13  Waste management.

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(c)  Universal waste mercury-containing devices: A small quantity handler of universal waste must manage universal waste mercury-containing devices in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:

(1)  A small quantity handler of universal waste must contain any universal waste mercury-containing device that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions in a container. The container must be closed, structurally sound, compatible with the contents of the mercury-containing device, must lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions, and must be reasonably designed to prevent the escape of mercury into the environment by volatilization or any other means.

(2)  A small quantity handler of universal waste may remove mercury-containing ampules from universal waste mercury-containing devices provided the handler:

(i)  Removes and manages the ampules in a manner designed to prevent breakage of the ampules;
(ii)  Removes ampules only over or in a containment device (e.g., tray or pan sufficient to collect and contain any mercury released from an ampule in case of breakage);
(iii)  Ensures that a mercury clean-up system is readily available to immediately transfer any mercury resulting from spills or leaks from broken ampules, from the containment device to a container that meets the requirements of § 262.34;
(iv)  Immediately transfers any mercury resulting from spills or leaks from broken ampules from the containment device to a container that meets the requirements of § 262.34;
(v)  Ensures that the area in which ampules are removed is well ventilated and monitored to ensure compliance with applicable OSHA exposure levels for mercury;
(vi)  Ensures that employees removing ampules are thoroughly familiar with proper waste mercury handling and emergency procedures, including transfer of mercury from containment devices to appropriate containers;
(vii)  Stores removed ampules in closed, non-leaking containers that are in good condition; and
(viii)  Packs removed ampules in the container with packing materials adequate to prevent breakage during storage, handling, and transportation.

(3)  A small quantity handler of a universal waste mercury-containing device that does not contain an ampule may remove the open original housing holding the mercury from the universal waste mercury-containing device provided the handler:
(i) Immediately seals the original housing holding the mercury with an air-tight seal to prevent the release of any mercury to the environment; and
(ii) Follows all requirements for removing ampules under paragraph (c)(2) of this section; and

(4)(i)	A small quantity handler of universal waste who removes mercury-containing ampules from mercury-containing devices or seals mercury from a mercury-containing device in its original housing must determine whether the following exhibit a characteristic of hazardous waste identified in Part 261, Subpart C:
(A)  Mercury or clean-up residues resulting from spills or leaks; and/or
(B)  Other solid waste generated as a result of the removal of mercury-containing ampules or housings (e.g., the remaining mercury-containing device units).
(ii)  If the mercury, residues, and/or other solid waste exhibit a characteristic of hazardous waste, it must be managed in compliance with all applicable requirements of Parts 260 through 268, and Parts 99 and 100 of these regulations. The handler is considered the generator of the mercury, residues, and/or other waste and is subject to and must manage it in compliance with the requirements of Part 262 of these regulations.
(iii)  If the mercury, residues, and/or other solid waste is not hazardous, the handler may manage the waste in any way that is in compliance with applicable federal, state or local solid waste regulations.

(5)  	A small quantity handler of universal waste may drain elemental mercury from open-ended mercury-containing devices provided the handler:
(i)  Ensures that the universal waste mercury-containing devices are drained only over or in a containment device (e.g., tray or pan sufficient to collect and contain any mercury released from a device in case of breakage or spill);
(ii)  Ensures that the draining operations are performed safely by developing and implementing a written procedure detailing how to safely drain the universal waste mercury-containing devices. This procedure must include: the type of equipment to be used to drain the universal waste mercury-containing devices safely; operation and maintenance of the equipment; segregation of incompatible wastes; proper waste management practices, and waste characterization;
(iii)  Ensures that a spill clean-up kit is readily available to immediately clean up spills or leaks of the contents of the universal waste mercury-containing device which may occur during the mercury draining operation;
(iv)  Immediately transfers the drained elemental mercury to a container that meets the requirements of § 262.34;
(v)  Ensures that the area in which the universal waste mercury-containing devices are drained is well ventilated and monitored to ensure compliance with applicable OSHA exposure levels for mercury;
(vi)  Ensures that employees are thoroughly familiar with the procedure for draining universal waste mercury-containing devices, and proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies;
(vii)  Stores the drained elemental mercury in a closed, non-leaking container that is in good condition; and
(viii)  Maintains documentation of the date of accumulation, a description of the device drained, and the amount of mercury drained.
(ix)  May accumulate up to 35 kilograms (about 77 pounds) of elemental mercury at any one time.

(6)(i) 	A small quantity handler of universal waste who drains universal waste mercury-containing devices, or who generates other solid waste as a result of draining the mercury-containing devices, must determine whether the following exhibit a characteristic of hazardous waste identified in Part 261, Subpart C:
(A)  Mercury or clean-up residues resulting from spills or leaks: and/or
(B)  Other solid waste generated as a result of the removal of mercury-containing ampules (e.g., remaining mercury-containing device units and filters).
(ii)  If the mercury, residues, and/or other solid waste exhibit a characteristic of hazardous waste, they must be managed in accordance with all applicable requirements of Parts 260 through 268, and Parts 99 and 100 of these regulations. The handler is considered the generator of the newly generated hazardous waste and is subject to the requirements of Part 262 of these regulations.
(iii)  If the mercury, residues and/or other solid waste are not hazardous, the handler may manage the waste in a way that is in compliance with applicable federal, state or local solid waste regulations.

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4) Amend Section 273.14 by revising paragraph (d) to read as follows:

§ 273.14  Labeling/marking.

A small quantity handler of universal waste must label or mark the universal waste to identify the type of universal waste as specified below:

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(d)(1)  Universal waste mercury-containing devices (i.e., each mercury-containing device), or a container in which the mercury-containing devices are contained, must be labeled or marked clearly with any one of the following phrases: “Universal Waste - Mercury-Containing Device(s),” or “Waste Mercury-Containing Device(s),” or “Used Mercury-Containing Device(s)”.

(2)  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: “Universal Waste – Mercury Thermostat(s),” or “Waste Mercury Thermostat(s),” or “Used Mercury Thermostat(s)”.

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5) Amend Section 273.32 by revising paragraph (b)(4) to read as follows:

§ 273.32  Notification.

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(b)  This notification must include:
(1)  The universal waste handler's name and mailing address;
(2)  The name and business telephone number of the person at the universal waste handler's site who should be contacted regarding universal waste management activities;
(3)  The address or physical location of the universal waste management activities;
(4)  A list of all of the types of universal waste managed by the handler (e.g, batteries, pesticides, mercury-containing devices, aerosol cans, lamps); and
(5)  A statement indicating that the handler is accumulating more than 5,000 kilograms of universal waste at one time and the types of universal waste (e.g., batteries, pesticides, mercury-containing devices, aerosol cans, lamps, etc.) the handler is accumulating above this quantity.

6) Amend Section 273.33 by revising subsection (c) to read as follows:

§ 273.33  Waste management.
 
 (c)  Universal waste mercury-containing devices: A large quantity handler of universal waste must manage universal waste mercury-containing devices in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:

(1)  A large quantity handler of universal waste must contain any universal waste mercury-containing device that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions in a container. The container must be closed, structurally sound, compatible with the contents of the mercury-containing device, must lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions, and must be reasonably designed to prevent the escape of mercury into the environment by volatilization or any other means.

(2)  A large quantity handler of universal waste may remove mercury-containing ampules from universal waste mercury-containing devices provided the handler:

(i)  removes and manages the ampules in a manner designed to prevent breakage of the ampules;
(ii)  removes ampules only over or in a containment device (e.g., tray or pan sufficient to collect and contain any mercury released from an ampule in case of breakage);
(iii)  ensures that a mercury clean-up system is readily available to immediately transfer any mercury resulting from spills or leaks from broken ampules, from the containment device to a container that meets the requirements of § 262.34;
(iv)  immediately transfers any mercury resulting from spills or leaks from broken ampules from the containment device to a container that meets the requirements of § 262.34;
(v)  ensures that the area in which ampules are removed is well ventilated and monitored to ensure compliance with applicable OSHA exposure levels for mercury;
(vi)  ensures that employees removing ampules are thoroughly familiar with proper waste mercury handling and emergency procedures, including transfer of mercury from containment devices to appropriate containers;
(vii)  stores removed ampules in closed, non-leaking containers that are in good condition; and
(viii)  packs removed ampules in the container with packing materials adequate to prevent breakage during storage, handling, and transportation.

(3)  A large quantity handler of a universal waste mercury-containing device that does not contain an ampule may remove the open original housing holding the mercury from the universal waste mercury-containing device provided the handler:
(i) Immediately seals the original housing holding the mercury with an air-tight seal to prevent the release of any mercury to the environment; and
(ii) Follows all requirements for removing ampules under paragraph (c)(2) of this section; and

(4)(i)  	A large quantity handler of universal waste who removes mercury-containing ampules from mercury-containing devices or seals mercury from a mercury-containing device in its original housing must determine whether the following exhibit a characteristic of hazardous waste identified in Part 261, Subpart C:
(A)  mercury or clean-up residues resulting from spills or leaks; and/or
(B)  other solid waste generated as a result of the removal of mercury-containing ampules or housings (e.g., the remaining mercury-containing device units).
(ii)  If the mercury, residues, and/or other solid waste exhibit a characteristic of hazardous waste, it must be managed in compliance with all applicable requirements of Parts 260 through 268, and Parts 99 and 100 of these regulations. The handler is considered the generator of the mercury, residues, and/or other waste and is subject to and must manage it in compliance with Part 262 of these regulations.
(iii)  If the mercury, residues, and/or other solid waste is not hazardous, the handler may manage the waste in any way that is in compliance with applicable federal, state or local solid waste regulations.

(5)	A large quantity handler of universal waste may drain elemental mercury from open-ended mercury-containing devices provided the handler:
(i)  Ensures that the universal waste mercury-containing devices are drained only over or in a containment device (e.g., tray or pan sufficient to collect and contain any mercury released from a device in case of breakage or spill);
(ii)  Ensures that the draining operations are performed safely by developing and implementing a written procedure detailing how to safely drain the universal waste mercury-containing devices. This procedure must include: the type of equipment to be used to drain the universal waste mercury-containing devices safely; operation and maintenance of the equipment; segregation of incompatible wastes; proper waste management practices, and waste characterization;
(iii)  Ensures that a spill clean-up kit is readily available to immediately clean up spills or leaks of the contents of the universal waste mercury-containing device which may occur during the mercury draining operation;
(iv)  Immediately transfers the drained elemental mercury to a container that meets the requirements of § 262.34;
(v)  Ensures that the area in which the universal waste mercury-containing devices are drained is well ventilated and monitored to ensure compliance with applicable OSHA exposure levels for mercury;
(vi)  Ensures that employees are thoroughly familiar with the procedure for draining universal waste mercury-containing devices, and proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies;
(vii)  Stores the drained elemental mercury in a closed, non-leaking container that is in good condition; and
(viii)  Maintains documentation of the date of accumulation, a description of the device drained, and the amount of mercury drained.
(ix)  May accumulate up to 35 kilograms (about 77 pounds) of elemental mercury at any one time.

(6)(i)	A large quantity handler of universal waste who drains universal waste mercury-containing devices, or who generates other solid waste as a result of draining the mercury-containing devices, must determine whether the following exhibit a characteristic of hazardous waste identified in Part 261, Subpart C:
(A)  Mercury or clean-up residues resulting from spills or leaks: and/or
(B)  Other solid waste generated as a result of the removal of mercury-containing ampules (e.g., remaining mercury-containing device units and filters).
(ii)  If the mercury, residues, and/or other solid waste exhibit a characteristic of hazardous waste, they must be managed in accordance with all applicable requirements of Parts 260 through 268, and Parts 99 and 100 of these regulations. The handler is considered the generator of the newly generated hazardous waste and is subject to the requirements of Part 262 of these regulations.
(iii)  If the mercury, residues and/or other solid waste are not hazardous, the handler may manage the waste in a way that is in compliance with applicable federal, state or local solid waste regulations.

7) Amend Section 273.34 by revising paragraph (d) to read as follows:

§ 273.34  Labeling/marking.

A large quantity handler of universal waste must label or mark the universal waste to identify the type of universal waste as specified below:

* * * * *
 (d)(1)  Universal waste mercury-containing devices (i.e., each mercury-containing device), or a container or tank in which the mercury-containing devices are contained, must be labeled or marked clearly with any one of the following phrases: “Universal Waste - Mercury-Containing Device(s),” or “Waste Mercury-Containing Device(s),” or “Used Mercury-Containing Device(s).”

(2)  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: “Universal Waste – Mercury Thermostat(s),” or “Waste Mercury Thermostat(s),” or “Used Mercury Thermostat(s)”.

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8) Add Section 8.65 {Statement of Basis and Purpose for the Rulemaking Hearing of August 21, 2007} to Part 8 of the Regulations as follows:

Statement of Basis and Purpose
Rulemaking Hearing of August 21, 2007

8.65 	Basis and Purpose.

These amendments to 6 CCR 1007-3, Part 273 are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.

Part 273 Mercury-Containing Devices Amendments
On November 21, 2000, Colorado adopted state regulations for the management of hazardous waste mercury-containing devices under Part 273 of the Colorado Hazardous Waste Regulations (6 CCCR 1007-3).

On August 5, 2005, the Environmental Protection Agency (“EPA”) issued a final rule adding mercury-containing equipment to the federal list of universal wastes regulated under the standards for universal waste management found at 40 CFR Part 273. 

The adoption of these amendments to Colorado’s Part 273 Universal Waste Management Standards are minor conforming changes necessary to maintain state equivalency to and provide consistency with the federal requirements.  

The amendments being adopted at this time include the following:

a.	Revising the applicability standards for mercury-containing devices at § 273.2 of the Regulations;
b.	Adding a definition of “ampule”, and revising the definition of “Large Quantity Handler of Universal Waste” in § 273.9 of the Regulations;
c.	Revising the waste management standards for small quantity handlers of universal waste mercury-containing devices in § 273.13(c) of the Regulations;
d.	Revising the labeling/marking requirements for universal waste mercury-containing thermostats at § 273.14 of the Regulations for small quantity handlers of universal waste;
e.	Modifying the notification requirements of large quantity handlers of universal waste at § 273.32 of the Regulations;
f.	Revising the waste management standards for large quantity handlers of universal waste mercury-containing devices in § 273.33(c) of the Regulations; and
g.	Revising the labeling/marking requirements for universal waste mercury-containing thermostats at § 273.34 of the Regulations for large quantity handlers of universal waste;

This Basis and Purpose incorporates by reference the applicable preamble language for the Environmental Protection Agency regulations that were published in the Federal Register at 72 FR 45508-45522, August 5, 2005.