La. Admin. Code tit. 33 § I-2719

Current through Register Vol. 50, No. 8, August 20, 2024

Section I-2719 - Disposal Ban and Proper Management of Mercury in Scrap Metal Facilities

A. On and after January 1, 2007, mercury shall not be discharged to water, wastewater treatment, and wastewater disposal systems except when it is done in compliance with applicable local, state, and federal requirements.

B. No person, including, but not limited to, Louisiana-licensed dismantlers and parts recyclers, motor vehicle crushers, and scrapped motor vehicle dealers, shall crush, bale, shear, or shred a motor vehicle unless the person has made a reasonable effort, to the extent safe and practicable, to remove, or verify the removal of, the mercury-containing convenience lighting switches and antilock braking system components. The person removing the mercury-containing convenience lighting switches and antilock braking system components from a motor vehicle shall maintain written certification that the mercury-containing convenience lighting switches and antilock braking system components have been removed to the extent safe and practicable. A person verifying the removal of such mercury-containing convenience lighting switches and antilock braking system components from the scrapped motor vehicle by another party shall maintain written documentation supporting the verification that the mercury-containing convenience lighting switches and antilock braking system components have been removed to the extent safe and practicable. Verification that the mercury-containing convenience lighting switches and antilock braking system components have been removed from a motor vehicle shall be accomplished by:

1. obtaining a written certification from the person, or a duly authorized representative of the person, who removed the mercury-containing convenience lighting switches and antilock braking system components that such items required to be removed have been removed and are not included, and conducting a visual inspection as practicable; or

2. adopting a best management practices plan (BMP) governing mercury-containing convenience lighting switches and antilock braking system components in motor vehicles that is provided by the department, or any other such BMP which is submitted to and approved by the department, and participation in the EPA-partnered National Vehicle Mercury Switch Recovery Program (NVMSRP), also known as the End of Life Vehicle Solutions (ELVS). A copy of an approved BMP and lists of known recent makes and models of motor vehicles with mercury-containing convenience lighting switches and antilock braking system components is available from the department and can be obtained for the department's website.

C. Any facility receiving vehicles that have been scrapped by being dismantled, crushed, scrapped, shredded, baled, sheared, or otherwise rendered more easily transported to the recycler shall obtain a written certification from the person, or a duly authorized representative of the person, who removed the mercury-containing convenience lighting switches and antilock braking system components that such items required to be removed have been removed and are not contained in the scrap being delivered, and shall conduct a visual inspection of the scrapped vehicle to the extent practicable to ensure that the mercury-containing components have been removed. Obtaining the certification and conducting the visual inspection shall constitute verification that the mercury contained within the convenience lighting switches and antilock braking system components has been removed. Written documentation of the certification and the visual inspection required by this Subsection shall be maintained.

D. No person shall crush, bale, shear, or shred an appliance containing mercury-containing switches or other mercury-added products unless the person has made a reasonable effort, to the extent safe and practicable, to verify that the component mercury-added products and/or mercury-containing switches have been removed. Verification of the removal of component mercury-added products and/or mercury-containing switches contained within the appliance shall be accomplished by:

1. obtaining and maintaining a written certification from the person, or a duly authorized representative of the person, who removed the mercury-added products and/or mercury-containing switches that such items required to be removed have been removed and are not included, and conducting a visual inspection as practicable; or

2. adopting a best management practices plan (BMP) governing component mercury-added products and/or mercury-containing switches in appliances (white goods) that is provided by the department, or any other such BMP which is submitted to and approved by the department. A copy of an approved BMP and lists of known recent makes and models of appliances with component mercury-added products and/or mercury-containing switches is available from the department and can be obtained through the department's website.

E. Any facility receiving appliances for scrapping that contained mercury-added products and/or mercury-containing switches shall obtain a written certification from the person, or a duly authorized representative of the person, who removed the mercury-added products and/or mercury-containing switches that such items required to be removed have been removed and are not included, and shall conduct a visual inspection to the extent practicable to ensure that the mercury-containing components have been removed. Obtaining the certification and conducting the visual inspection shall constitute verification that the mercury contained within the mercury-added products and/or mercury-containing switches has been removed. Written documentation of the certification and the visual inspection required by this Subsection shall be maintained.

La. Admin. Code tit. 33, § I-2719

Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Affairs Division, LR 35:454 (March 2009).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq. and, in particular, 2571.