Section Env-Hw 1111.03 - Requirements for Management of Universal Waste Mercury-Containing Devices(a) A universal waste handler shall contain, using a container that meets the requirements of Env-Hw 1102.03(c), any mercury-containing device that shows evidence of leakage, spillage, or damage that could cause leakage.(b) A universal waste handler shall not remove mercury-containing ampules from universal waste mercury-containing devices unless the handler complies with 40 CFR 273.33(c)(2), as reprinted in Appendix D, except that: (1) Containers of mercury resulting from spills or leaks from broken ampules shall meet the requirements of Env-Hw 507; and(2) Removed intact ampules shall be stored in containers that meet the requirements of Env-Hw 1102.03(c).(c) An intact mercury-containing ampule that has been removed in accordance with (b), above, may be handled as a universal waste.(d) A universal waste handler shall not remove open original housings from universal waste mercury-containing devices unless the handler: (1) Immediately seals the open original housing holding the mercury with an airtight seal to prevent the release of any mercury to the environment; and(2) Removes and manages all open original housings in accordance with the requirements for removing and managing ampules specified in (b), above.(e) An open original housing that has been removed and sealed in accordance with (d), above, may be handled as a universal waste.(f) A universal waste handler who removes mercury-containing ampules from mercury-containing devices or seals mercury from mercury-containing devices in its original housing shall determine whether the following materials exhibit a characteristic of hazardous waste identified in Env-Hw 403:(1) Mercury cleanup residues or other wastes resulting from spills or leaks; and(2) Other waste generated as a result of the removal of mercury-containing ampules or original housings, such as the remaining mercury-containing devices.(g) If the mercury residues or other waste described in (f), above, or any combination thereof, exhibit a characteristic of hazardous waste, the handler shall: (1) Be considered the generator of the mercury residues, or other waste, or both; and(2) Comply with all applicable requirements of Env-Hw 400 through Env-Hw 800 and Env-Hw 1200.N.H. Code Admin. R. Env-Hw 1111.03
#7578, eff 10-13-01; (See Revision Note at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09
Amended by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12353, Effective 8/14/2017, Expires 8/14/2027.Amended by Volume XXXIX Number 50, Filed December 12, 2019, Proposed by #12922, Effective 11/23/2019, Expires 11/23/2029 (See Revision Note #2 at chapter heading for Env-Hw 1100).Amended by Volume XLII Number 32, Filed August 11, 2022, Proposed by #13406, Effective 7/23/2022, Expires 7/23/2032