26.13.10.09

.09 Applicability — Lamps, Mercury-Containing Equipment, and PCB-Containing Lamp Ballasts.

A. Except as provided in §B of this regulation, the requirements of Regulations .06—.25 of this chapter apply to persons managing lamps, mercury-containing equipment, or PCB-containing lamp ballasts as defined in COMAR 26.13.01.03B.

B. The requirements of Regulations .06—.25 of this chapter do not apply to management of an item that is:

(1) A lamp, mercury-containing equipment, or a PCB-containing lamp ballast if the item is:

(a) Not yet a waste under COMAR 26.13.02, as described in §C of this regulation; and

(b) Not hazardous waste as defined in COMAR 26.13.02.03; and

(2) Mercury-containing equipment from which all mercury-containing components have been removed.

C. Determination of When a Lamp, Mercury-Containing Equipment, or a PCB-Containing Lamp Ballast Becomes a Waste.

(1) A used lamp, used mercury-containing equipment, or a used PCB-containing lamp ballast becomes a waste on the date it is discarded, with "discard" being defined by the criteria in COMAR 26.13.02.02A(2).

(2) An unused lamp, unused mercury-containing equipment, or an unused PCB-containing lamp ballast becomes a waste on the date the handler decides to discard it.