(2) Alternative methods of disposal for
mercury-added products and mercury-added components.
(a) Alternative methods of disposal for
categories or types of mercury-added products and mercury-added components.
1. The department in its sole discretion may
approve alternative methods of disposal for categories or types of
mercury-added products and components. Such approvals may be made in response
to requests in writing that describe:
a. why
an alternative to mercury reclamation or disposal as hazardous waste is
necessary;
b. the alternative
method proposed;
c. the
environmental impacts of the proposed method; and
d. a description of the measures that will be
implemented to minimize exposure of people and the environment to
mercury.
2. In approving
an alternative method of disposal, the department will consider the following:
a. the ability to reclaim the mercury from
the product or component in a cost efficient manner;
b. the ability to safely contain and
transport the product or component; and
c. the existence of a manufacturer's plan for
collecting the product or component, in accordance with
310 CMR
75.04, and reclaiming its mercury content or
otherwise preventing the mercury from entering the waste stream.
3.
List of Approved
Alternative Methods of Disposal for Categories of Mercury-added Products and
Mercury-added Components. Accidentally broken mercury lamps that
are excluded from the hazardous waste regulations pursuant to
310 CMR
30.104(2)(g) [household
waste exclusion] may be disposed of as solid waste.
(b) Alternative methods of disposal for
individual mercury-added products and mercury-added components on a
case-by-case basis.
1. The Department may also
issue approvals of alternative methods for disposal of individual mercury-added
products or mercury-added components on a case-by-case basis, in response to
requests submitted in writing. Any such requests shall include at a minimum:
a. why an alternative to mercury reclamation
or disposal as hazardous waste is necessary;
b. the alternative method proposed;
c. an implementation schedule;
d. the environmental impacts of the proposed
method; and
e. a description of the
measures that will be implemented to minimize exposure of people and the
environment to mercury.
2. The person requesting an alternative
method for disposal of individual mercury-added products or mercury-added
components shall publish a legal notice in a Massachusetts newspaper of general
circulation and the Massachusetts Environmental Monitor. The legal notice shall
include:
a. A summary of the
request;
b. A statement that
comments can be sent to the Mercury Program Manager at the Massachusetts
Department of Environmental Protection up to 21 days after the date that the
legal notice is published, and instructions for sending comments including the
appropriate mailing address; and
c.
Instructions for obtaining a complete copy of the written request for an
alternative method of disposal.
3. Within five days following the publication
of the legal notice, the applicant shall send a tear sheet of the legal notice
to the Mercury Program Manager at the Massachusetts Department of Environmental
Protection.
