Universal waste

Scope

The federal regulations identify five specific categories of materials that can be managed as universal wastes: batteries, pesticides, mercury-containing equipment, lamps, and non-empty aerosol cans. The Part 273 regulations define the type of materials that fall under the universal waste categories and specify in what situations that material can be considered a universal waste.

Regulatory citations

• 40 CFR 273 — Standards for Universal Waste Management

Key definitions

• Aerosol can: A non-refillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.
• Ampule: An airtight vial made of glass, plastic, metal, or any combination of these materials.
• Battery: A device consisting of one or more electrically connected electrochemical cells which is designed to receive, store, and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.
• Destination facility: A facility that treats, disposes of, or recycles a particular category of universal waste, except those management activities described in 273.13(a) and (c) and 273.33(a) and (c). A facility at which a particular category of universal waste is only accumulated, is not a destination facility for purposes of managing that category of universal waste.
• FIFRA: The Federal Insecticide, Fungicide, and Rodenticide Act.
• Generator: Any person, by site, whose act or process produces hazardous waste identified or listed in Part 261 of this chapter or whose act first causes a hazardous waste to become subject to regulation.
• 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.
• Large quantity handler of universal waste: A universal waste handler (as defined in this section) who accumulates 5,000 kilograms or more total of universal waste (batteries, pesticides, mercury-containing equipment, or lamps, calculated collectively) at any time. This designation as a large quantity handler of universal waste is retained through the end of the calendar year in which the 5,000-kilogram limit is met or exceeded.
• Mercury-containing equipment: A device or part of a device (including thermostats, but excluding batteries and lamps) that contains elemental mercury integral to its function.
• On-site: The same or geographically contiguous property which may be divided by public or private right-of-way, provided that the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along the right of way. Non-contiguous properties owned by the same person but connected by a right-of-way which he controls and to which the public does not have access, are also considered on-site property.
• Pesticide: Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant.
• Small quantity handler of universal waste: A universal waste handler (as defined in this section) who does not accumulate 5,000 kilograms or more of universal waste (batteries, pesticides, mercury-containing equipment, or lamps, calculated collectively) at any time.
• Thermostat: A temperature control device that contains metallic mercury in an ampule attached to a bimetal sensing element, and mercury-containing ampules that have been removed from these temperature control devices in compliance with the requirements of 40 CFR 273.13(c)(2) or 273.33(c)(2).
• Universal waste: Any of the following hazardous wastes that are subject to the universal waste requirements of this Part 273:
  • Batteries as described in 273.2;
  • Pesticides as described in 273.3;
  • Mercury-containing equipment as described in 273.4;
  • Lamps as described in 273.5; and
  • Aerosol cans as described in 273.6.
• Universal waste handler:
  • A generator (as defined in this section) of universal waste; or
  • The owner or operator of a facility, including all contiguous property, that receives universal waste from other universal waste handlers, accumulates universal waste, and sends universal waste to another universal waste handler, to a destination facility, or to a foreign destination.
• Universal waste transfer facility: Any transportation-related facility including loading docks, parking areas, storage areas and other similar areas where shipments of universal wastes are held during the normal course of transportation for ten days or less.
• Universal waste transporter: A person engaged in the off-site transportation of universal waste by air, rail, highway, or water.

Summary of requirements

• Identify waste batteries, lamps, pesticides, mercury-containing equipment, or non-empty aerosol cans eligible for the universal waste program.
• Store universal wastes in appropriate containers.
• Label containers with the words “Universal Waste,” and the type of universal waste (e.g., waste batteries, waste lamps).
• Ship universal waste offsite within one year.
• Ship universal wastes to another universal waste handler or a permitted receiving facility.