	RCRA REVISION CHECKLIST 209
            
  Universal Waste Rule: Specific Provisions for Mercury Containing Equipment
                              70 FR 45508 - 45522
	August 5, 2005
                          (RCRA Cluster XVI, Non-HSWA)
                                       
Note: In order for a state to receive authorization for this checklist, which adds mercury containing equipment to the list of universal wastes, it must first have authorization for Revision Checklist 142 A (universal waste).

Name of State:  Washington		

State Statutory Authority:  Chapter 70.105 RCW

Title of Regulations: Chapter 173-303   WAC                                              Effective Date:   July 31, 2009

Date Checklist Completed:  May 10, 2010


                                       
                                       
                                       
                             FEDERAL REQUIREMENTS
                                       
                             FEDERAL RCRA CITATION
                                       
                           ANALOGOUS STATE CITATION
                                       
                               STATE ANALOG IS:
                                                                               




                                  EQUIV-ALENT

                                     LESS
                                    STRIN-
                                     GENT

                                MORE STRIN-GENT

                               BROADER IN SCOPE
                                                                               
             PART 260 HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL 
                                                                               
                            SUBPART B DEFINITIONS 
                                                                            †
DEFINITIONS
                                                                               
add "Mercury-containing equipment" in alphabetical order
260.10 "Mercury-containing equipment"
173-303-040
The state rule is equivalent.  It is worded differently in that it includes examples.
                                       X
                                       
                                       
                                       
                                                                               
In definition of "universal
waste",  the introductory paragraph is republished without change 
260.10 "universal
waste"
173-303-040
                                       
                                       
                                       X
                                       
                                       
                                       
                                                                               
In definition of "universal
waste", revise subparagraph
(3) by replacing "Thermostats" with "Mercury-containing equipment"
260.10 "universal
waste"
173-303-040
The state deleted the separate category for thermostats
                                       X
                                       
                                       
                                       
                                                                               
            PART 261 IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
                                                                               
                               SUBPART A GENERAL
                                                                            †
REQUIREMENTS FOR UNIVERSAL WASTE
                                                                               
replace "Thermostats" with "Mercury-containing equipment"
261.9(c)
173-303-077(2)
                                       X
                                       
                                       
                                       
                                                                               
PART 264 STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT STORAGE AND DISPOSAL FACILITIES 
                                                                               
                               SUBPART A GENERAL
                                                                            †
PURPOSE, SCOPE, AND APPLICABILITY
                                                                               
replace "Thermostats" with "Mercury-containing equipment"
264.1(g)(11)(iii)
173-303-600(3)(o)(ii)
                                       X
                                       
                                       
                                       
                                                                               
PART 265 INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARODUS WASTE TREATMENT, STORAGE AND DISOSAL FACILITIES
                                                                               
                               SUBPART A GENERAL
                                                                            †
PURPOSE, SCOPE, AND APPLICABILITY.
                                                                               
replace "Thermostats" with "Mercury-containing equipment"
265.1(c)(14)(iii)
173-303-400(2)(c)(xi)(B)
                                       X
                                       
                                       
                                       
                                                                               
                     PART 268  LAND DISPOSAL RESTRICTIONS
                                                                               
                               SUBPART A GENERAL
                                                                            †
PURPOSE, SCOPE, AND APPLICABILITY
                                                                               
replace "Thermostats" with "Mercury-containing equipment"
268.1(f)(3)
140(2)(a) IBR
045(1) 
                                       
                                       
                                       
                                       
                                                                               
 PART 270 EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM
                                                                               
                         SUBPART A GENERAL INFORMATION
                                                                            †
PURPOSE AND SCOPE OF THESE REGULATIONS
                                                                               
replace "Thermostats" with "Mercury-containing equipment"
270.1(c)(2)(viii)(C)
173-303-800(7)(c)(iii)(B)
                                       
                                       
                                       
                                       
                                                                               
               PART 273 STANDARDS FOR UNIVERSAL WASTE MANAGEMENT
                                                                               
                               SUBPART A GENERAL
                                                                            †
SCOPE
                                                                               
replace "Thermostats" with "Mercury-containing equipment"
273.1(a)(3)
173-303-573(1)(a)(ii)
                                       
                                       
                                       
                                       
                                                                            †
APPLICABILITY -- MERCURY-CONTAINING EQUIPMENT
                                                                               
replace first occurrence of "Thermostats" with "Mercury-containing equipment"; replace second occurrence of "thermostats" with "mercury-containing equipment"
273.4(a)
173-303-573(3)(a)
                                       X
                                       
                                       
                                       
                                                                               
replace first occurrence of "Thermostats" with "Mercury-containing equipment"; replace second occurrence of "thermostats" with "mercury-containing equipment"
273.4(b) introductory paragraph
173-303-573(3)(b)
                                       X
                                       
                                       
                                       
                                                                               
replace existing subparagraph: Mercury-containing equipment that is not yet a waste under part 261 of this chapter.  Paragraph (c) of this section describes when mercury-containing equipment becomes a waste;
273.4(b)(1)
173-303-573(3)(b)(i)
                                       X
                                       
                                       
                                       
                                                                               
replace existing subparagraph;.  mercury-containing equipment that is not a hazardous waste.  Mercury-containing equipment is a hazardous waste if it exhibits one or more of the characteristics identified in part 261, subpart C of this chapter or is listed in part 261, subpart D of this chapter; and
273.4(b)(2)
173-303-573(3)(b)(ii)
                                       X
                                       
                                       
                                       
                                                                               
add subparagraph; equipment and devices from which the mercury-containing components have been removed.
273.4(b)(3)
173-303-573(3)(b)(iii)
                                       X
                                       
                                       
                                       
                                                                               
In heading replace "thermostats" with "mercury-containing equipment"; replace "A used thermostat" with "Used mercury-containing equipment"; remove "(e.g., sent for reclamation)" after "discarded"
273.4(c)(1)
173-303-573(3)(c)(i)
                                       X
                                       
                                       
                                       
                                                                               
replace "An unused thermostat" with "Unused mercury-containing equipment"
273.4(c)(2)
173-303-573(3)(c)(ii)
                                       X
                                       
                                       
                                       
                                                                            †
DEFINITIONS
                                                                               
add "Ampule" in alphabetical order
273.9 "Ampule"
173-303-040
Note: The state was previously authorized as more stringent because it did not have this definition, and the stringency determination has changed from the previous authorization of being more stringent to now being equivalent 
                                       X
                                       
                                       
                                       
                                                                               
replace "thermostats" with "mercury-containing equipment"; in the last sentence replace "kilograms or more total of universal waste is accumulated" with "kilogram limit is met or exceeded"
273.9 "Large Quantity Handler of Universal Waste"
173-303-040
The state is more stringent because universal waste lamps are regulated at a lower accumulation limit
                                       
                                       
                                       X
                                       
                                                                               
add "Mercury-containing equipment" in alphabetical order
273.9 "Mercury-containing equipment"
173-303-040
The state definition includes examples
                                       X
                                       
                                       
                                       
                                                                               
replace "thermostats" with "mercury-containing equipment";
273.9 "Small Quantity Handler of Universal Waste"
173-303-040
The state is more stringent because universal waste lamps are regulated at a lower accumulation limit
                                       
                                       
                                       X
                                       
                                                                               
in definition of "universal
waste",  the introductory paragraph is republished without change
273.9 "Universal Waste"
173-303-040
                                       X
                                       
                                       
                                       
                                                                               
in definition of "universal
waste", subparagraph (3) replace "Thermostats" with "Mercury-containing equipment";
273.9 "Universal Waste"
173-303-040
                                       X
                                       
                                       
                                       
                                                                               
      SUBPART B STANDARDS FOR SMALL QUANTITY HANDLERS OF UNIVERSAL WASTE
                                                                            †
WASTE MANAGEMENT
                                                                               
replace  the heading "Universal waste thermostats" with "Mercury-containing equipment"; replace "thermostats" with "mercury-containing equipment"
273.13(c) introductory paragraph
173-303-573(9)(b)
                                       X
                                       
                                       
                                       
                                                                               
in the first sentence replace: "must contain" with "must place in a container"; replace "thermostat" with "mercury-containing equipment with non-contained elemental mercury or", and "in a container" with "under reasonably foreseeable conditions"; in the second sentence: replace "thermostat and" with "device", add to the end ", and must be reasonably designed to prevent the escape of mercury into the environment by volatilization or any other means."
273.13(c)(1)
173-303-573(9)(b)(i)
This rule was previous authorized as more stringent because it did not allow equipment with non-contained elemental mercury to be managed as universal waste
                                       X
                                       
                                       
                                       
                                                                               
replace "thermostats" with "mercury-containing equipment"
273.13(c)(2) introductory paragraph
173-303-573(9)(b)(ii)
                                       X
                                       
                                       
                                       
                                                                               
insert "and manages" after "removes"
273.13(c)(2)(i)
173-303-573(9)(b)(ii)(A) The phrase
"and manages" is not included in the state rule; an oversight
                                       X
                                       
                                       
                                       
                                                                               
not changed although published in the final rule
273.13(c)(2)(ii)
173-303-573(9)(b)(ii)(B)
                                       X
                                       
                                       
                                       
                                                                               
replace "the" with "that" before "containment device"
273.13(c)(2)(iii)
173-303-573(9)(b)(ii)(C)
                                       X
                                       
                                       
                                       
                                                                               
not changed although published in the final rule
273.13(c)(2)(iv)-(vii)
173-303-573(9)(b)(ii)(D)-(G)
                                       X
                                       
                                       
                                       
                                                                               
remove "and" from the end of the provision
273.13(c)(2)(viii)
173-303-573(9)(b)(ii)(H)
The word "and" was not removed from the state rule; an oversight
                                       X
                                       
                                       
                                       
                                                                               
redesignate previous 273.13(c)(3) as 273.13(c)(4) and add new subparagraph (c)(3); a small quantity handler of universal waste mercury-containing equipment that does not contain an ampule may remove the open original housing holding the mercury from universal waste mercury-containing equipment provided the handler:
273.13(c)(3) introductory paragraph
173-303-573(9)(b)(iii)
The state did not previously have this provision, but was authorized as more stringent because it did not allow this activity
                                       X
                                       
                                       
                                       
                                                                               
immediately seals the original
housing holding the mercury with an air-tight seal to prevent the release of any mercury to the environment; and
273.13(c)(3)(i)
173-303-573(9)(b)(iii)(A)
The state was previously authorized as more stringent because it did not allow this activity
                                       X
                                       
                                       
                                       
                                                                               
follows all requirements for
removing ampules and managing
removed ampules under paragraph
(c)(2) of this section; and
273.13(c)(3)(ii)
173-303-573(9)(b)(iii)(B)
                                       X
                                       
                                       
                                       
                                                                              3
replace "thermostats" with "mercury-containing equipment or seals mercury from mercury-containing equipment in its original housing"
273.13(c)(4)(i) introductory paragraph
173-303-573(9)(b)(iv)(A)
The state was previously authorized as more stringent because it did not allow this activity
                                       X
                                       
                                       
                                       
                                                                               
remove the semi-colon (;) after "leaks"
273.13(c)(4)(i)(A)
173-303-573(9)(b)(iv)(A)(I)
This grammatical correction was not done; an oversight but still equivalent.
                                       X
                                       
                                       
                                       
                                                                               
insert "or housings" after "ampules"; in the parenthetical replace "remaining thermostat units" with "the remaining mercury-containing device"
273.13(c)(4)(i)(B)
173-303-573(9)(b)(iv)(A)(II)
                                       X
                                       
                                       
                                       
                                                                               
text unchanged in final rule
273.13(c)(4)(ii)
173-303-573(9)(b)(iv)(B)
                                       X
                                       
                                       
                                       
                                                                               
text unchanged in final rule
273.13(c)(4)(iii)
173-303-573(9)(b)(iv)(C)
                                       X
                                       
                                       
                                       
                                                                            †
LABELING/MARKING
                                                                               
redesignate existing 273.14(d) as 273.14(d)(2) and add new subparagraph designated as 273.14(d)(1),; Universal waste mercury-containing equipment (i.e., each device), or a container in which the equipment is contained, must be labeled or marked clearly with any of the following phrases: "Universal Waste -- Mercury
Containing Equipment,'' ``Waste Mercury-Containing Equipment,'' or ``Used Mercury-Containing Equipment.''
273.14(d)(1)
173-303-573(10)(b)(i)
                                       
                                       X
                                       
                                       
                                       
                                                                              4
redesignate existing 273.14(d)(1) as 273.14(d)(2); replace text before the colon (:) with "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"
273.14(d)(2)
173-303-573(10)(b)(ii)
                                       X
                                       
                                       
                                       
                                                                               
      SUBPART C STANDARDS FOR LARGE QUANTITY HANDLERS OF UNIVERSAL WASTE
                                                                            †
NOTIFICATION
                                                                               
replace "thermostats" with "mercury-containing equipment"
273.32(b)(4)
173-303-573(19)(b)(iv)
Note: "thermostats" was not removed through an oversight, although the state rule remains equivalent  
                                       X
                                       
                                       
                                       
                                                                               
remove text from end starting with "and the types of universal waste..."
273.32(b)(5)
173-303-573(19)(b)(v)
The state is more stringent because universal waste lamps are regulated at a lower accumulation limit.  The state rule includes an example calculation for determining LQHUW status.  Thermostats was not deleted from this example by oversight
                                       
                                       
                                       X
                                       
                                                                            †
WASTE MANAGEMENT
                                                                               
replace "Universal waste thermostats" with "Mercury-containing equipment"; replace "thermostats" with "mercury-containing equipment";
273.33(c) introductory paragraph
173-303-573(20)(b)
                                       X
                                       
                                       
                                       
                                                                               
in the first sentence replace: "must contain" with "must place in a container", "thermostat" with "mercury-containing equipment with non-contained elemental mercury or", and "in a container" with "under reasonably foreseeable conditions"; in the second sentence: replace "thermostat and" with "device", add to the end ", and must be reasonably designed to prevent the escape of mercury into the environment by volatilization or any other means."
273.33(c)(1)
173-303-573(20)(b)(i)
This rule was previous authorized as more stringent because it did not allow equipment with non-contained elemental mercury to be managed as universal waste
                                       X
                                       
                                       
                                       
                                                                               
replace "thermostats" with "mercury-containing equipment"
273.33(c)(2) introductory paragraph
173-303-573(20)(b)(ii)
                                       X
                                       
                                       
                                       
                                                                               
insert "and manages" after "removes"
273.33(c)(2)(i)
173-303-573(20)(b)(ii)(A)
                                       X
                                       
                                       
                                       
                                                                               
not changed although published in the final rule
273.33(c)(2)(ii)
173-303-573(20)(b)(ii)(B)
                                       X
                                       
                                       
                                       
                                                                               
replace "from" with "of" before "broken ampules", and "the" with "that" before "containment device"
273.33(c)(2)(iii)
173-303-573(20)(b)(ii)(C)
                                       X
                                       
                                       
                                       
                                                                               
not changed although published in the final rule
273.33(c)(2)(iv)-(vii)
173-303-573(20)(b)(ii)((D)-(G)
                                       X
                                       
                                       
                                       
                                                                               
remove "and" from the end of the provision
273.33(c)(2)(viii)
173-303-573(20)(b)(ii)(H)
                                       X
                                       
                                       
                                       
                                                                               
redesignate previous 273.33(c)(3) as 273.33(c)(4) and add new subparagraph (c)(3); a large quantity handler of universal waste mercury-containing equipment that does not contain an ampule may remove the open original housing holding the mercury from universal waste mercury-containing equipment provided the handler:
273.33(c)(3) introductory paragraph
173-303-573(20)(b)(iii)
The state did not previously have this provision, but was authorized as more stringent because it did not allow this activity
                                       X
                                       
                                       
                                       
                                                                               
immediately seals the original
housing holding the mercury with an air-tight seal to prevent the release of any mercury to the environment; and
273.33(c)(3)(i)
173-303-573(20)(b)(iii)(A)
The state was previously authorized as more stringent because it did not allow this activity
                                       X
                                       
                                       
                                       
                                                                               
follows all requirements for
removing ampules and managing
removed ampules under paragraph
(c)(2) of this section; and
273.33(c)(3)(ii)
173-303-573(20)(b)(iii)(B)
                                       X
                                       
                                       
                                       
                                                                              5
redesignate previous 273.33(c)(3) as 273.33(c)(4); replace "thermostats" with "mercury-containing equipment or seals mercury from mercury-containing equipment in its original housing"
273.33(c)(4)(i) introductory paragraph
173-303-573(20)(b)(iv)(A)
                                       X
                                       
                                       
                                       
                                                                               
remove the semi-colon (;) after "leaks"
273.33(c)(4)(i)(A)
173-303-573(20)(b)(iv)(A)(I)
The semi-colon (;) was not removed; an oversight
                                       X
                                       
                                       
                                       
                                                                               
insert "or housings" after "ampules"; in the parenthetical replace "remaining thermostat units" with "the remaining mercury-containing device"
273.33(c)(4)(i)(B)
173-303-573(20)(b)(iv)(A)(II)
                                       X
                                       
                                       
                                       
                                                                               
text unchanged in final rule
273.33(c)(4)(ii)
173-303-573(20)(b)(iv)(B)
                                       X
                                       
                                       
                                       
                                                                               
text unchanged in final rule
273.33(c)(4)(iii)
173-303-573(20)(b)(iv)(C)
                                       X
                                       
                                       
                                       
                                                                            †
LABELING/MARKING
                                                                               
redesignate existing 273.34(d) as 273.34(d)(2) and add new subparagraph designated as 273.34(d)(1), universal waste mercury-containing equipment (i.e., each device), or a container in which the equipment is contained, must be labeled or marked clearly with any of the following phrases: "Universal Waste -- Mercury
Containing Equipment,'' ``Waste Mercury-Containing Equipment,'' or ``Used Mercury-Containing Equipment.''
273.34(d)(1)
173-303-573(21)(b)(i)
                                       X
                                       
                                       
                                       
                                                                               
redesignate existing 273.34(d) as 273.34(d)(2); replace text before the colon (:) with "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"
273.34(d)(2)
173-303-573(21)(b)(ii)
                                       X
                                       
                                       
                                       
†	Optional provisions.

