Section 733.104  Applicability:  Mercury-Containing Equipment

a)         Mercury-containing equipment covered under this Part.  The requirements of this Part apply to persons managing mercury-containing equipment, as described in Section 733.109, except those listed in subsection (b).

b)         Mercury-containing equipment not covered under this Part.  The requirements of this Part do not apply to persons managing the following mercury-containing equipment:

1)         Mercury-containing equipment that is not yet waste pursuant to 35 Ill. Adm. Code 721. Subsection (c) describes when mercury-containing equipment becomes waste;

2)         Mercury-containing equipment that is not hazardous waste.  Mercury-containing equipment is a hazardous waste if it is a waste (see subsection (b)(1)) and it exhibits one or more of the characteristics identified in Subpart C of 35 Ill. Adm. Code 721 or is listed in Subpart D of 35 Ill. Adm. Code 721; and

3)         Equipment and devices from which the mercury-containing components have been removed.

c)         Generation of Waste Mercury-Containing Equipment.

1)         A used mercury-containing equipment becomes a waste on the date it is discarded.

2)         Unused mercury-containing equipment becomes a waste on the date the handler decides to discard it.

(Source:  Amended at 40 Ill. Reg. 12268, effective August 9, 2016)