INTRODUCTION

1. INTRODUCTION TOPIC: The “Universal Waste Rule” is designed to encourage recycling and proper disposal of some common, widespread, hazardous wastes. RELEVANCE: To familiarize you with the concept of “Universal Waste” and the specific regulatory requirements applicable to business, industry and others who generate them.

2. STANDARDS for UNIVERSAL WASTES COURSE OUTLINE: • What is a Universal Waste? • Background • Federal/State Regulations • Batteries • Thermostats • Pesticides • Lamps • Universal Waste definitions • Example • Summary

3. WHAT IS UNIVERSAL WASTE? EPA chose “universal” to describe the nature of certain widely dispersed hazardous wastes. The term does not have any specific regulatory meaning; however, if a hazardous waste exhibits any of the following common characteristics it could be classified as a universal waste: • The waste is frequently generated by a wide variety of settings other than the industrial settings usually associated with hazardous wastes;

4. WHAT IS UNIVERSAL WASTE? (CONTINUED) • The waste is generated by a vast community and is in sufficient quantities to cause difficulties in managing waste properly for both the regulated community and the regulators; and The waste is present in significant volumes in the municipal solid waste stream (non-hazardous waste management systems).

5. UNIVERSAL WASTE RULE January 6, 2000 Now Includes: • Hazardous Waste Batteries • Hazardous Pesticides • Hazardous Mercury Containing Thermostats • Hazardous Waste Lamps

6. Hazardous Waste Batteries : such as nickel-cadmium, lead-acid, lithium, mercury-containing and button-type batteries.

7. Hazardous Pesticides : which meet certain conditions for being recalled, suspended or cancelled, as defined in 374-3.

8. Hazardous Mercury Containing Thermostats : temperature control devices which contain a metallic mercury ampule attached to a bimetal sensing element.

9. UNIVERSAL WASTE RULE- DEFINITION Lamp : Lamp, also referred to as “universal waste lamp” is defined as the bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps.

10. Hazardous Waste Lamps : hazardous due to their mercury content, which include fluorescent lamps, high-intensity discharge (HID), neon, mercury vapor, high pressure sodium and metal halide lamps.

11. UNIVERSAL WASTE RULE- DEFINITIONS Universal Waste Handler : Anyone that generates, manages, receives, accumulates, or sends Universal Wastes to another Universal Waste handler or to a destination facility or to a foreign destination is a Universal Waste Handler.

12. UNIVERSAL WASTE RULE- DEFINITIONS Small Quantity Handler (SQH) : A Universal Waste Handler that handles less than 5,000 kilograms (11,000 pounds) of total universal wastes (all batteries, pesticides, thermostats and lamps) calculated collectively on-site at any time.

13. UNIVERSAL WASTE RULE- DEFINITIONS Large Quantity Handler (LQH) : A Universal Waste Handler that handles 5,000 kilograms (11,000 pounds) or more of total universal waste on-site at any time.

14. UNIVERSAL WASTE RULE- DEFINITIONS Destination Facility : These are facilities that legitimately and legally can accept Universal Wastes from off-site so they may be treated, disposed or recycled in accordance with all regulatory requirements.

15. UNIVERSAL WASTE RULE- DEFINITIONS Universal Waste Transporter : Anyone that transports universal waste off-site. In New York, universal waste transporters that transport greater then 500 pounds of universal waste in a single shipment must be permitted, hazardous waste transporters, pursuant to 6NYCRR Part 364. Common carriers can transport up to 500 lbs. of universal waste in any shipment. All shipments of universal waste must be in compliance with USDOT regulations.

16. WHAT ARE THE UNIVERSAL WASTE REGULATIONS? • These regulations have streamlined hazardous waste management standards for universal waste batteries, pesticides, thermostats, and lamps. • The regulations govern the collection and management of these widely generated wastes. This facilitates the environmentally sound collection and increases the proper recycling or treatment of these wastes. • These regulations ease the regulatory burden on entities that may not generate any other hazardous wastes.

17. WHAT ARE THE UNIVERSAL WASTE REGULATIONS? (Continued) • They also allow programs, such as “take-backs”, by retailers and distributors, to create an easy and convenient way for consumers to properly manage these wastes. • Greatly reduces the quantity of these wastes going to municipal solid waste landfills or combustion units, and directs them to appropriate treatment or recycling facilities.

18. STEAMLINED REQUIREMENTS FOR: • Notification • Labeling • Accumulation time limits • Employee training • Off-site shipments • Tracking • Transportation

19. SMALL QUANTITY HANDLER (SQH) KEY REGULATORY REQUIREMENTS • must inform all employees, who handle or have the responsibility for managing universal waste of the proper handling and emergency procedures at the facility. • prohibited from sending or taking universal waste to a place other than another universal waste handler, a destination facility or foreign destination. • may self transport universal waste without a Part 364 waste haulers permit as long as less then 500 lbs. of total universal waste is being shipped. Shipment of greater then 500 lbs. will require a Part 364 permit.

20. SMALL QUANTITY HANDLER (SQH) KEY REGULATORY REQUIREMENTS SQH DO NOT: - need to notify EPA - need to receive an EPA identification number - need to keep records of shipments (no manifests required)

21. LARGE QUANTITY HANDLER (LQH) KEY REGULATORY REQUIREMENTS Must meet all requirements for SQH’s and: • must notify EPA in writing and receive an EPA identification number. • must keep a record of all universal waste shipments received or sent off-site, must retain those records for at least three years from the date of receipt or shipment. Records must include invoices, manifests, logs, bills or lading or other shipment documents.

22. SOME MAJOR ADVANTAGES OF USING THE UNIVERSAL WASTE RULE WHEN MANAGING YOUR HAZARDOUS WASTES : • Universal wastes are not counted toward your generator status, therefore there are no annual hazardous waste generator report requirements and no associated fees. • Less paperwork • No manifesting required • May self transport or use common carrier

23. In summary, the Universal Waste Rule is an alternative hazardous waste regulation which helps: • Reduce the amount of hazardous waste entering the municipal solid waste stream. • Encourage the recycling and proper disposal of some common hazardous wastes. • Reduce the regulatory burden on businesses and other sources that generate these wastes.

24. MERCURY-CONTAINING EQUIPMENT “MERCURY-CONTAINING EQUIPMENT” (MCE) is a new federal universal waste category. Mercury is used in several types of instruments that are common to electric utilities, municipalities and households. Some of these devices include: -Manometers -Mercury wetted switches -Thermometers -Temperature gauges -Barometers -Pressure relief gauges -Relay switches -Sprinkler system contacts -Meters -Mercury regulators

25. Universal Waste Rule • Mercury-Containing Equipment Added to the Federal UW Rule in August 2005 • New York State is developing an Enforcement Directive to Implement the Federal Rule

26. New York State’sMercury-Added ConsumerProducts Law

27. Chapter 145Laws of 2004 Established TITLE 21 of the ECL “MERCURY-ADDED CONSUMER PRODUCTS”

28. Chapter 145Laws of 2004 Established TITLE 21 of the ECL “MERCURY-ADDED CONSUMER PRODUCTS” Adopted July 12, 2004

29. Chapter 145Laws of 2004 Established TITLE 21 of the ECL MERCURY-ADDED CONSUMER PRODUCTS Adopted July 12, 2004 Phased In July 12, 2005

30. What Is Covered • All Mercury-Added Consumer Products (Not specifically excluded)

31. Who Is Covered * Manufacturers

32. Who Is Covered *Manufacturers *Commercial Businesses

33. Who Is Covered *Manufacturers * Commercial Businesses * Retail Businesses

34. Who Is Covered *Manufacturers * Commercial Businesses * Retail Businesses * Schools

35. Who Is Covered *Manufacturers * Commercial Businesses * Retail Businesses * Schools * Homeowners

36. Who Is Covered *Manufacturers * Commercial Businesses * Retail Businesses * Schools * Homeowners * Local/State Governments

37. Who Is Covered *Manufacturers * Commercial Businesses * Retail Businesses * Schools * Homeowners * Local/State Governments * The Entire Disposal Chain

38. Typical Mercury-Added Products Thermostats Fever and Body Thermometers

39. Switches Electrical Devices & Appliances

40. Medical & Scientific Instruments

41. HID and Fluorescent Lamps

42. Light-Up Shoes with LED Cartridge

43. Batteries (Except Button Batteries not Easily Removed) Novelty Products

44. Definitions Labeling Disposal Prohibitions Advisory Committee Labeling Regulations Exemptions Interstate Clearinghouse Chapter Provisions

45. Labeling • All Mercury-Added Consumer Products Sold After July 12, 2005 Must be Labeled.

46. Labeling, Continued Automobile Manufacturers Regulations to Allow Alternative Labeling

47. Effective Dates • Prohibitions * 09/04/04 Primary/Secondary Schools May Not Purchase or Use Elemental Mercury

48. Effective Dates • Prohibitions * 09/04/04 Primary/Secondary Schools May Not Purchase or Use Elemental Mercury * 01/01/05 Manufacturers/Retailers Hg Containing Novelty Products Prohibited Hg Fever Thermometers Prohibited w/o Prescription Elemental Mercury Sales Prohibited

49. Disposal • NoPERSON Shall: • Dispose of in Solid Waste

50. Disposal • NoPERSON Shall: • Dispose of in Solid Waste • Except by Separate Delivery