W. Va. Code R. § 47-35-13

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 47-35-13 - UNIVERSAL WASTE RULE

13.1. 40 CFR Part 273. -- The provisions of 40 CFR part 273 are hereby adopted and incorporated by reference with the modifications, exceptions and additions contained in this section.

13.2 In addition to pesticides, lead acid batteries, and thermostats covered by 40 CFR part 273, mercury containing lamps, commonly known as florescent light bulbs, are also covered under part 273 as follows:

13.3.40 CFR § 273.1 -- The provisions of 40 CFR § 273.1 (a)(3) are amended to read as follows:

(3) Thermostats and mercury containing lamps as described in 40 CFR § 273.4

13.4.40 CFR § 273.4 -- Applicability - mercury thermostats and mercury containing lamps -- the provisions of 40 CFR § 273.4 are amended by adding thereto a new subdivision designated subdivision (d) to read as follows:

(d) Whenever the phrase "mercury thermostats" or "thermostats" is used in 40 CFR " part 273, the phrase is to be read to include mercury" containing lamps except where such language refers to mercury containing ampules. Mercury containing lamps shall be managed as universal waste to the same extent as mercury thermostats if the mercury containing lamp is a hazardous waste because it exhibits one or more of the characteristics identified in 40 CFR part 261, subpart C. Mercury containing lamps must be handled to prevent breakage, leakage or spillage of the hazardous constituents. In the event that the hazardous constituents are released, the handler must manage the material in accordance with all applicable universal waste remediation procedures and determine whether..or not it is subject to the requirements of 40 CFR Parts 260 through 272.

13.5.40 CFR § 273.6 - Definitions - The provisions of 40 CFR § 273.6 are amended to read as follows:

13.5.a. "Mercury containing lamp" means an electric lamp in which mercury is purposely introduced by the manufacturer for the operation of the lamp. Mercury containing lamps commonly include florescent lamps.

13.5.b. "Universal Waste" means any of the following hazardous wastes that are managed under the universal waste requirements of 40 CFR part 273:

(1) Batteries as described in 40 CFR § 273.2;

(2) Pesticides as described in 40 CFR § 273.3; and

(3) Thermostats and mercury containing lamps as described in 40 CFR § 273.4.

13.6. 40 CFR§§ 273.20, 273.40, 273.56 -- Exports are excepted from incorporation by reference and shall remain the provenance of the environmental protection agency and in addition to the requirements contained therein, any person subject to the provisions of part 273 shall file with the chief copies of all documentation, manifests, exception reports, annual reports or records, inter alia, submitted to EPA, the administrator or the regional administrator as required by part 273.

13.7.40 CFR 273.70 -- The provisions of 40 CFR 273.70 Imports are excepted from incorporation by reference to the extent jurisdiction is limited to West Virginia. Persons managing universal waste that is imported to West Virginia are subject to the requirements of this rule.

13.8.40 CFR §§ 273.80 and 273.81 -- The provisions of 40 CFR § 273.80 and 273, 81 are excepted from incorporation by reference. Consult the provisions of subdivision 2.5.d of this rule to petition to include a waste as a universal waste.

W. Va. Code R. § 47-35-13