SPA 27

Checklist 209

[Printed: 6/21/10]

August 5, 2005 - Page 1 of 10

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:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

PART 260 HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL 

SUBPART B DEFINITIONS

† DEFINITIONS

add “Mercury-containing 

equipment” in alphabetical order

260.10 “Mercurycontaining 

equipment”

173-303-040

The state rule is 

equivalent. It is 

worded differently in 

that it includes 

examples.

X

1 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
RCRA REVISION CHECKLIST 209: Universal Waste Rule: SPA 27

Specific Provisions for Mercury-Containing Equipment (cont’d)

Checklist 209

[Printed: 6/21/10]

August 5, 2005 - Page 2 of 10

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

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 B 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)

2† APPLICABILITY—MERCURY-CONTAINING EQUIPMENT

replace first occurrence of

“Thermostats” with “Mercurycontaining 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 “Mercurycontaining 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 mercurycontaining equipment becomes a 

waste;

273.4(b)(1)

173-303-573(3)(b)(i) X
RCRA REVISION CHECKLIST 209: Universal Waste Rule: SPA 27

Specific Provisions for Mercury-Containing Equipment (cont’d)

Checklist 209

[Printed: 6/21/10]

August 5, 2005 - Page 3 of 10

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

replace existing subparagraph;. 

mercury-containing equipment that 

is not a hazardous waste. Mercurycontaining 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 mercurycontaining 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 mercurycontaining 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
RCRA REVISION CHECKLIST 209: Universal Waste Rule: SPA 27

Specific Provisions for Mercury-Containing Equipment (cont’d)

Checklist 209

[Printed: 6/21/10]

August 5, 2005 - Page 4 of 10

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

add “Mercury-containing 

equipment” in alphabetical order

273.9 “Mercurycontaining 

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 “Mercurycontaining 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 “Mercurycontaining equipment”; replace

“thermostats” with “mercurycontaining 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
RCRA REVISION CHECKLIST 209: Universal Waste Rule: SPA 27

Specific Provisions for Mercury-Containing Equipment (cont’d)

Checklist 209

[Printed: 6/21/10]

August 5, 2005 - Page 5 of 10

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

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

3 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
RCRA REVISION CHECKLIST 209: Universal Waste Rule: SPA 27

Specific Provisions for Mercury-Containing Equipment (cont’d)

Checklist 209

[Printed: 6/21/10]

August 5, 2005 - Page 6 of 10

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

3

replace “thermostats” with 

“mercury-containing equipment or 

seals mercury from mercurycontaining 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

4 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
RCRA REVISION CHECKLIST 209: Universal Waste Rule: SPA 27

Specific Provisions for Mercury-Containing Equipment (cont’d)

Checklist 209

[Printed: 6/21/10]

August 5, 2005 - Page 7 of 10

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

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 mercurycontaining 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 “Mercurycontaining equipment”; replace

“thermostats” with “mercurycontaining equipment”;

273.33(c) 

introductory

paragraph 173-303-573(20)(b) X
RCRA REVISION CHECKLIST 209: Universal Waste Rule: SPA 27

Specific Provisions for Mercury-Containing Equipment (cont’d)

Checklist 209

[Printed: 6/21/10]

August 5, 2005 - Page 8 of 10

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

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

5 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
RCRA REVISION CHECKLIST 209: Universal Waste Rule: SPA 27

Specific Provisions for Mercury-Containing Equipment (cont’d)

Checklist 209

[Printed: 6/21/10]

August 5, 2005 - Page 9 of 10

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

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 “mercurycontaining 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
RCRA REVISION CHECKLIST 209: Universal Waste Rule: SPA 27

Specific Provisions for Mercury-Containing Equipment (cont’d)

Checklist 209

[Printed: 6/21/10]

August 5, 2005 - Page 10 of 10

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

6 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 mercurycontaining 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.

 

1 Note that there appears to be a typographical error in the Federal Register for the final rule. In the text of the introductory 

paragraph of the 40 CFR 260.10 definition of “Universal Waste” the section symbol (§) does not appear between “part” and 

“273”; however, the Final Rule indicates that the introductory text is being republished not revised, and the symbol is 

present in the 2006 CFR. 

2 The final rule addressed by Revision Checklist 209 revised the title of section 273.4 from “Applicability – mercury 

thermostats” to “Applicability – Mercury-containing equipment”

3 The final rule addressed by Revision Checklist 209 added a new provision at 40 CFR 273.13(c)(3) and redesignated the 

previous provision as 40 CFR 273.13(c)(4).

4 The final rule addressed by Revision Checklist 209 added a new provision at 40 CFR 273.14(d)(1) and redesignated the 

previous provision from 40 CFR 273.14(d) as 273.14(d)(2).

5 The final rule addressed by Revision Checklist 209 added a new provision at 40 CFR 273.33(c)(3) and redesignated the 

previous provision as 40 CFR 273.33(c)(4).

6 The final rule addressed by Revision Checklist 209 added a new provision at 40 CFR 273.34(d)(1) and redesignated the 

previous provision from 40 CFR 273.14(d) as 273.34(d)(2).