Universal Waste Rule

1. 40 50 60 70 80 Universal Waste Rule Pesticides Hazardous Waste Lamps 40 CFR Part 273 Promulgated May 11, 1995 (60 FR 25492) Batteries Thermostats http://www.epa.gov/epaoswer/hazwaste/id/univwast.htm

2. 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

3. 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 regulatoryburden • Reduce the wastes going to municipal landfills or combustors

4. Questions Generator status • What is the difference from a small quantity generator of hazardous waste and a universal waste handler? • 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. • How does handing universal waste affect the “generator calculations” to determine if you are a large or small quantity generator of hazardous waste? • 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. • Can SQG dispose of UW in the municipal landfill for “regular trash” • No

5. Questions 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

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

7. States with Universal Waste that are Different than Federal This list may not be complete since it is collected from public information on the Internet. • 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) http://www.epa.gov/epaoswer/hazwaste/id/univwast/uwsum.htm

8. 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

9. Management Requirements: Lamps A Universal Waste Handler must: • 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

10. 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

11. 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. 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) Universal waste handler must:

12. 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

13. Management Requirements: ELECTRONICS Why 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.

14. Tables for Reference

15. 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

17. Universal Waste Handler Requirements Differences SQHUW (§273 Subpart B) LQHUW (§273 Subpart C) 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 §273.6 Required §273.32 No limit Not required, but must keep basic shipping records §273.39 training geared towards employee responsibilities §273.36 Classification EPA Identification Number On-Site Accumulation Limit Manifest Employee Training

18. Universal Waste Handler Requirements Similarities 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 Prohibitions Waste Management Labeling/ Marking Accumulation Time Limit Response to Releases Shipments

19. Universal Waste Transporter Requirements 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 §273.54 Must transport universal waste only to other handlers, destination facilities, or foreign destination §273.55 Definition Prohibitions Waste Management Storage Time Limit Response to Releases Shipments