Universal Waste Rule

40 CFR Part 273

Promulgated May 11, 1995 (60 FR 25492)

Batteries

Hazardous Waste Lamps

Thermostats

Pesticides

http://www.epa.gov/epaoswer/hazwaste/id/univwast.htm

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Types of Waste Covered

Four types of Federal universal wastes:

• Batteries (e.g., nickel cadmium) (does not include lead acid)• Certain pesticides that are either recalled or collected in waste

pesticides collection programs• Mercury-containing thermostats• Lamps

Universal waste categories must be hazardous waste before they can be designated as universal wastes

CRTs and mercury-containing devices are planned to be proposed this summer as Federal universal wastes

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Goals of the Universal Waste Rule

• Encourage environmentally sound collection and recycling or treatment of universal waste

• Improve implementation of the hazardous waste system

• Ease regulatory burden

• Reduce the wastes going to municipal landfills or combustors

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Generator status

1. What is the difference from a small quantity generator of hazardous waste and a universal waste handler?

1. The most notable difference is that for universal waste there are longer storage times, no manifest requirements. See table on pages 15 and 16 for a more complete comparison.

2. How does handing universal waste affect the “generator calculations” to determine if you are a large or small quantity generator of hazardous waste?

1. You must include all hazardous wastes in your generator calculations. If you are using universal waste standards for universal wastes, then those wastes do not count in the hazardous waste calculations.

3. Can SQG dispose of UW in the municipal landfill for “regular trash”

1. No

Questions

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Recycling, treatment and disposal

• Can small quantity generators of hazardous waste dispose of universal waste in the municipal landfill for “regular trash”?

– No, it has to be recycled or go to a hazardous waste treatment or disposal facility

• Does all universal waste have to be recycled?– No, it is just easier to do so, although there may not be any treatment

option for mercury other than being recycled (retorted)

• How is universal waste different when it gets to the recycling, treatment, or disposal facilities?

– The universal waste no longer has different standards when it get to the “destination facility.” It is then handles as regular hazardous wastes

Questions

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Universal wastes are hazardous wastes with streamlined handling standards. If you are not using universal waste regulations, then you must use hazardous waste regulations for those waste. (The hazardous waste regulations have some exclusions that may apply.)

You can use universal waste rule provisions before final authorization (during the adoption process) as long as you comply with the federal regulations.

Universal Waste Rule Status

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States with Universal Waste that are Different than Federal

Types of “state-only” Universal Wastes

• Aerosol Cans (CO)

• Antifreeze (LA, NH)

• Ballasts (MD, ME, VT)

• Cathode Ray Tubes / CRT (ME, MI, NH, RI)

• Electronic Devices and Electronic Components (CO)

• Mercury Related Universal Wastes

- Mercury-Containing Devices (CO, MA, MI, ND, NH, PA, RI)- Barometers (NH, RI)- Gas Flow Regulators (NH)- Intact Mercury-Containing Ampules (NH)- Manometers (NH, RI)- Mercury Switches (MI) and Relays (NH, RI)- Mercury Thermometers (MI)- Sphygmomanometers (NH, RI)- Thermocouples (NH, RI)- Thermometers (NH, RI) - Water meters (NH)

(last updated February 2002)Note California has proposed to add: Cathode ray tube materials, Consumer electronic devices, Aerosol cans, Mercury-containing motor vehicle light switches (public hearing September 30, 2002)

This list may not be complete since it is collected from public information on the Internet.

http://www.epa.gov/epaoswer/hazwaste/id/univwast/uwsum.htm

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Regulated Community

Groups that manage universal waste:

1. Small Quantity Handlers of Universal Waste (SQHUW)

• accumulate less than 5,000 Kg or 11,000 lbs of universal waste

2. Large Quantity Handlers of Universal Waste (LQHUW)

• accumulate 5,000 Kg or more of universal waste

3. Universal Waste Transporters

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Management Requirements: Lamps

• Manage ALL universal waste lamps in a way that prevents releases

• Must contain ALL universe waste lamps in appropriate containers (like the box the new ones come in)

• Immediately clean up and place in an appropriate container any lamp that is broken

A Universal Waste Handler must:

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A Universal Waste Handler must:

SPILLS AND CLEAN-UP:

• Determine if mercury cleanup residues and/or solid waste exhibit a characteristic of hazardous waste

• If hazardous, manage in compliance with applicable Subtitle C requirements OR

• If not hazardous, manage in compliance with applicable federal state and local regulations

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Management Requirements: Batteries

• Contain batteries that show evidence of leakage, spillage, or damage

• Store and transport batteries in containers appropriate for battery type to ensure contents don’t spark and ignite.

Universal waste handler must:

Are all batteries hazardous, therefor qualify as universal waste?

• No, but most are• There is interest to share battery-specific determinations (tests to see if they are hazardous)

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Regulatory Summary

• The Universal Waste Rule was published in the Federal Register May 11, 1995 (60 FR 25492) and codified at 40 CFR 273

• The Mercury-Containing and Rechargeable Battery Management Act was signed on May 13, 1996 (PL 104-142)

• A technical correction was published in the Federal Register December 24, 1998 (63 FR 71225)

• Lamps were added as a new Federal universal waste July 6, 1999 (64 FR 36466)

Information on universal waste: http://www.epa.gov/epaoswer/hazwaste/id/univwast.htm

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Management Requirements: ELECTRONICS

• Does the equipment contain heavy metals (lead, cadmium, copper, zinc, mercury)?

– We know that CRTs often contain a lot of lead, easily enough to fail the toxicity test (TCLP). We don't have a lot of info about the other metals - we have been going on the assumption that they don't have enough of any to fail the TCLP. EPA Regions 4 and 5 are doing a study with the U. of Fla to measure lead in different kinds of electronics, including CPUs, cell phones, and printers. They will also be looking at other metals. The results could be final by the end of this year.

• Can they be landfilled legally?– Waste CRTs generated by businesses would often not be able to be legally disposed

of in a municipal landfill. No hard data yet on other electronics - people should always check with their States, with respect to CRTs and other electronics.

• Reuse programs? – Reuse is always the best option for usable equipment. There are many programs and

you should check with your state for available ones.

Why Electronics

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Tables for Reference

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Comparison to Hazardous Waste Generators Table located at: http://www.epa.gov/epaoswer/hazwaste/id/univwast/table.htm

16

...Continued Comparison to Hazardous Waste Generators Table

located at: http://www.epa.gov/epaoswer/hazwaste/id/univwast/table.htm

Note: regulations can vary by state

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Classification

EPAIdentification NumberOn-SiteAccumulationLimitManifest

EmployeeTraining

A universal waste handler who accumulates up to, but not including, 5,000 Kg on-site at any one time §273.6 Not Required§273.12

Less than 5,000 Kg§273.6

Not Required§273.19

Proper handling and emergency procedures§273.16

A universal waste handler who accumulates 5,000 Kg or more on-site at any one time§273.6Required§273.32

No limit

Not required, but must keep basic shipping records§273.39training geared towards employee responsibilities§273.36

Differences SQHUW (§273 Subpart B) LQHUW (§273 Subpart C)

Universal Waste Handler Requirements

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Prohibitions

WasteManagement

Labeling/Marking

AccumulationTime Limit

Response to Releases

Shipments

SQHUW and LQHUW (§273 Subpart B and C)

Disposing of, diluting, or treating universal waste (some exceptions apply) §273.11 or §273.31

Must manage universal waste in a way that prevent releases into the environment (specific standards apply to each type) §273.13 or 273.33

Must label or mark universal waste or containers of universal waste to identify universal waste type §273.14 or §273.34

One year unless for proper recovery treatment or disposal §273.15 or §273.35

Must immediately contain releases and handle residues appropriately; make hazardous waste determination on material resulting from release §273.17 or §273.37

Must send universal waste only to other handlers, destination facilities, or foreign destination §273.18 or §273.38

Similarities

Universal Waste Handler Requirements

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Definition

Prohibitions

WasteManagement

StorageTime Limit

Response to Releases

Shipments

Transporters §273 Subpart D

A person engaged in the off-site transportation of universal waste by highway, rail, air, or water §273.6

Disposing of, diluting, or treating universal waste §273.51

Must comply with applicable DOT regulations (49 CFR 171) §273.52

Ten days at a transfer facility §273.53

Must immediately contain releases and handle residues appropriately; make hazardous waste determination on material resulting from release §273.54Must transport universal waste only to other handlers, destination facilities, or foreign destination §273.55

Universal Waste Transporter Requirements