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RTIIAENT OF TOXIC SUBSTANCES CONTROL <br />EET, 4TH FLOOR <br />we <br />:HTO,U M12-0606 - <br />51 -4,45-2625 <br />Hay 20, 2994 <br />The mercury -containing lighting waste recycling facilities <br />issued Interim Status December 31, 1993, pursuant to Health and <br />Safety Code sections 25200.5, 25200.9, and 25201.61 are required <br />to operate those facilities in complianee with Health and.SAfety <br />Code section 25201.6 and title 22, California Code of Regulations. <br />(title 22 CCR) section 67soo.1. These facilities must comply <br />with the standardsforinterim status facilities as specified in <br />title 22, CCR, division 4.5, chapter 15. These standards require <br />.the use of a manifest and a registered transporter for the <br />hipment of hazardous wastes to the Interim Status facility for <br />%che purposes of recycling. <br />Until the -creation of -the Standardized Permit tier, the <br />Department of Toxic Substances Control (Department) historically <br />allowed fluorescent -lamp waste recycling facilities to operate <br />pursuant to Research, Development, and Demonstration (RD&D) <br />variances. Each of the RD&D variances allowed the use of a bill <br />of lading and a non -registered transporter for the transportation <br />of fluorescent lamps to the recycling facility. A Fact Sheet <br />issued by the Department's Pollution Prevention, Public <br />Regulatory Assistance Program in November 1992 (copy enclosed) <br />details this variance policy. The policy was based on an <br />interpretation of title 22, CCR, section 66266.120 that allows <br />transportation of up to ten pounds of elemental mercury to a <br />recycling facility without the use of a manifest or a registered <br />transporter. <br />The Department is reviewing the applicability of title 22, <br />CCR, section 66266.120, and is proposing to develop regulations <br />specifically addressing the transportation of mercury -containing <br />lighting wastes to recycling facilities. The Department is <br />considering proposing a modified manifesting system for lighting <br />wastes. Your comments will be solicited during the development <br />of these regulations. <br />n <br />