What is the Universal Waste Rule?
The Universal Waste Rule provides a set of streamlined regulations to reduce the regulatory burden by allowing longer time for the storage of the wastes, reduced record-keeping requirements and consolidation off-site without a permit. Universal wastes are:
- Generated in a wide variety of settings other than the industrial settings usually associated with hazardous wastes;
- Generated by a vast community (typically greater than 1,000 sources);
- May be present in significant volumes in non-hazardous waste management systems.
Why did EPA develop the Universal Waste Rule and DEP adopt the rule?
There are three general goals that EPA had when it developed the streamlined universal waste regulations:
- To encourage resource conservation while ensuring adequate protection of human health and the environment;
- To improve implementation of the current Subtitle C hazardous waste regulatory program;
- To provide incentives for individuals and organizations to collect the unregulated portions of these universal waste streams and manage them using the same systems developed for the regulated portion, thus removing them from the municipal waste stream.
Although EPA’s primary goal for the universal waste program is to encourage recycling, batteries, thermostats, pesticides, lamps and used electronics being sent for disposal may also be managed under the universal waste regulations.
What wastes are subject to the Universal Waste Rule?
40 CFR 273.1 and Sections 22a-449(c)-113(a)(2)(B) of the RCSA There are five waste streams that can be managed as a universal waste in Connecticut. These universal wastes are:
- Batteries,
- Mercury-containing thermostats,
- Certain pesticides,
- Lamps (including but not limited to fluorescent, neon and mercury vapor lamps), and
- Used electronics.
How long can I store Universal Wastes on-site?
40 CFR 273.15 and 40 CFR 273.35In general, a handler can store a universal waste on-site for no longer than one year from the date the universal waste is generated, or received from another handler.
How much can I store on-site?
40 CFR 273.6
- A small quantity handler can accumulate not more than 5000 kilograms (11,023 pounds) total of universal waste (batteries, pesticides, thermostats, lamps and used electronics collectively) at any time.
- A large quantity handler can accumulate 5000 kilograms (11,023 pounds) or more of universal waste (batteries, pesticides, thermostats, lamps and used electronics collectively) at any time.
When does the time limit begin?
40 CFR 262.34(a)(2)In general, the time limit begins when the generator first determines that the universal waste is a waste. It must be marked, labeled and dated at that time.
What are the universal waste labeling and marking requirements?
40 CFR 273.14 and 273.34 with modifications under Section 22a-449(c)-113(a)(2)(I) &(T) of the RCSA and Sections 22a-449(c)-113(c) and (d) of the RCSA. A generator must follow the labeling and marking requirements as outlined below:
- Universal waste batteries (each battery) or a container in which the batteries are contained must be labeled or marked clearly with any of the following: “Universal Waste - Battery(ies)” or “Waste Battery(ies), or “Used Battery(ies)”. A few years ago the DOT
released new packaging guidlines for batteries. The DOT sited these new packaging regulations as a way to ensure that batteries will not short circuit and cause potential danger to the public. Below is a quick
refresher on some of the guidelines:
- Taping all battery
terminals(including Alkalines over 9V) with non-reactive tape or placing
each battery in a non-reactive plastic bag (Note:All customers must be sure to follow proper
terminal taping/bagging to avoid additional charges on orders)
- Use only non-reactive plastic
containers to house batteries for storage and transportation
- Properly identifying the
container as containing batteries and/ or Lithium batteries
- Each container in which the thermostats are contained, must be labeled or marked clearly with any one of the following: “Universal Waste Thermostat(s)” or “Waste Thermostat(s)”, or “Used Thermostat(s)”.
- Universal waste lamps (each lamp) or a container or package in which such lamps are contained must be labeled or marked clearly with any of the following: “Universal Waste - Lamp(s)” or “Waste Lamp(s), or “Used Lamp(s)”.
- A container containing recalled universal waste pesticides as covered under these regulations must be labeled or marked clearly with:
- the label that was on or accompanied the product as sold or distributed; and
- the words “Universal Waste - Pesticide(s)” or “Waste - Pesticide(s)”.
A container of unused pesticide products as covered under these regulations must be labeled or marked clearly with:
- the label that was on the product when purchased, if still legible; or, if not feasible, an appropriate label as required under DOT regulations 49 CFR part 172; or, if not feasible, another label prescribed or designated by the pesticide collection program; and
- the words “Universal Waste - Pesticide(s)” or “Waste Pesticide(s)”.
- Universal waste used electronics (each piece of equipment) or a container, package or pallet in which the used electronics are contained must be labeled or marked clearly with any of the following: “Universal Waste - used electronics” or “Waste Used Electronics, or “Used Electronics”.
What are the requirements for areas where universal wastes are stored?
40 CFR 273.13 and 273.33 with modifications in Section 22a-449(c)-113(F), (G), (H), (Q), (R) and (S) of the RCSA and Section 22a-449(c)-113(c) and (d) of the RCSA.A handler must manage universal wastes in a way that prevents releases of any universal waste or component, or constituent of a universal waste to the environment. Universal waste pesticides, lamps and thermostats must be stored in a container. A handler must contain any universal waste battery that shows evidence of leakage, spillage or damage that could cause leakage in a container. A handler must place and keep any universal waste thermostats in a container. All containers for universal waste must be closed, structurally sound, compatible with the contents of the universal waste, and must be capable of preventing leakage, spillage or damage that could cause leakage.
Used electronics must be stored in a building with a roof and four walls or in a cargo carrying portion of a truck, in a manner to prevent used electronics from being exposed to the environment. The used electronics must be handled, stored and transported in a manner that maintains the reuse or recyclability of the used electronic. A handler must immediately clean up and contain any broken cathode ray tube and place in a container that is closed, structurally sound and compatible with the CRT. It should prevent leakage, spillage or releases of broken CRTs, glass particles or other hazardous constituents from such broken tubes to the environment. A handler must not shred, crush, heat or otherwise treat used electronics. A small quantity handler may disassemble used electronics for the sole purpose of marketing, reselling, reusing or recycling components. A large quantity handler must first obtain a permit issued by the commissioner before disassembling used electronics.
Adequate aisle space must be maintained around the containers to allow unobstructed movement of personnel and emergency response equipment. A minimum of 30-inch aisle space is recommended.
Handlers of universal waste must immediately contain all releases of universal wastes and other residues from universal wastes. A handler must determine whether any material resulting from the release (e.g., spilled material, residue, absorbent) is hazardous wastes, and if so, must manage that material as a hazardous waste. The handler is considered the generator of the material resulting from the release and is treated as a hazardous waste generator.
What are the requirements when shipping universal waste off-site?
RCSA Section 22a-449(c)-113(a)(1) incorporating 40 CFR 273.18 and 40 CFR 273.38 with modifications under 22a-449(c)-113(a)(2)(L),(M),(W) and (X).You are prohibited from sending or taking universal waste to a place other than another universal waste handler, a destination facility (including a RCRA treatment, storage, disposal facility), or a foreign destination.
If you self-transport universal waste off-site, you become a universal waste transporter and must comply with all universal waste transporter regulations under Subpart D and F of 40 CFR 273.
If your universal waste meets the definition of hazardous materials under 49 CFR 171 through 180, you must package, label, mark and placard the shipment, and prepare the proper shipping papers in accordance with DOT regulations under 49 CFR parts 172 through 180.
Before sending universal waste to another universal waste handler, you must ensure that the receiving handler will receive the shipment.
If you send a shipment of universal waste to another handler or to a destination facility and the shipment is rejected, you must either receive the waste back or agree on a destination facility to which the shipment will be sent.
You may reject a shipment of universal waste to your site. If you do so, you must inform the original handler. You must send the shipment back to the original handler or send the shipment to a destination facility agreed to by both the originating and receiving handler.
If you receive a shipment of hazardous waste that cannot be managed as a universal waste, you must notify EPA of the illegal shipment and provide the necessary information to EPA.
If you receive a shipment of non-hazardous, non-universal waste, the handler may manage the waste in compliance with federal, state or local solid waste regulations.
How do I track my universal waste shipments?
RCSA Section 22a-449(c)-113(a)(2)(Y) and (Z) incorporating 40 CFR 273.19; 273.39.Universal waste does not count toward generator status. Universal wastes do not need to be shipped on a manifest.
A small quantity handler of universal waste is not required to keep records of shipments of universal wastes unless the waste is being exported to a foreign destination.
A large quantity handler of universal waste must keep a record of each universal waste shipment received at the facility. In addition, a large quantity handler of universal waste must keep a record of each universal waste shipment sent from the handler to other facilities. Each record may be in the form of a log, invoice, manifest, bill of lading or other shipping document. The records must include the following information: name and address of the original handler, quantity of each type of universal waste shipped or received, date of shipment or receipt. You must retain all of these records for at least three years from the date of receipt of shipment or the date a shipment of universal waste left the facility.
What are the employee training requirements?
A small quantity handler of universal waste must inform all employees who handle or have responsibility for managing universal waste. The information must describe proper handling and emergency procedures appropriate to the type(s) of universal waste handled at the facility.
A large quantity handler of universal waste must ensure that all employees are thoroughly familiar with the proper waste handling and emergency procedures, relative to their responsibilities during normal facility operations and emergencies.
Where can I obtain additional information?
For further information on this program, contact DEP’s Waste Engineering and Enforcement Division through COMPASS (Compliance Assistance) at (888) 424-4193 or mail to:
Department of Environmental Protection
Bureau of Materials Management and Compliance Assurance
Engineering and Enforcement Division
79 Elm Street
Hartford, CT 06106-5127
ABOVE IS A GOOD REPRESENTATION OF UNIVERSAL WASTE GUIDANCE FROM THE CONNECTICUT DEPARTMENT OF ENVIRONMENTAL PROTECTION (SOURCE: http://www.ct.gov/dep/cwp/view.asp?a=2718&q=325432). PLEASE CONSULT YOUR STATE’S ENVIRONMENTAL REGULATORY AGENCY FOR ADDITIONAL STATE REGULATIONS THAT MAY APPLY.
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