['Waste']
['Hazardous Waste', 'Solid Waste', 'Waste Transporters', 'Universal Waste', 'Waste Handlers']
01/18/2024
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The universal waste regulations streamline hazardous waste management standards for specific, federally designated wastes. The rule is designed to reduce the amount of hazardous waste items to landfills, to encourage recycling and proper disposal of certain common hazardous wastes, and to reduce the regulatory burden on businesses that generate these wastes.
In California, the Department of Toxic Substances Control (DTSC) enforces the state’s solid and hazardous waste laws, which includes the regulation of universal wastes.
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.
California allows the following wastes to be regulated as universal wastes: lamps, batteries, mercury-containing devices, and electronic devices (e.g., cathode ray tubes, cathode ray tube glass), and non-empty aerosol cans. Unlike most states and federal EPA, California does not recognize any pesticides as universal wastes.
Regulatory citation
40 CFR 273 — Standards for Universal Waste Management
Cal. Code Regs, title 22, div 4.5, ch. 11 and Ch 23 (22 CA ADC §66273)
Key Definitions
- Aerosol can means 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.
- Battery means 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.
- Generator means 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 means 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 means a device or part of a device (including thermostats, but excluding batteries and lamps) that contains elemental mercury integral to its function.
- Pesticide means 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 means 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.
- Universal Waste Transporter means a person engaged in the off-site transportation of universal waste by air, rail, highway, or water.
Summary of Requirements
Basic container management and labeling
- Identify waste eligible for the universal waste program in California: lamps, batteries, mercury-containing devices, and electronic devices (e.g., cathode ray tubes, cathode ray tube glass), and non-empty aerosol cans.
- 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, etc.).
Shipping universal waste offsite
- Ship universal waste offsite within one year. Note: Unlike the federal UW regulations, California does not provide UW handlers with exception that allows storing waste longer than one year “if such activity is solely for the purpose of accumulation of such quantities of universal waste as necessary to facilitate proper recovery, treatment, or disposal.”
- Ship universal wastes to another universal waste handler or a permitted receiving facility.
- Conditionally exempt small quantity universal waste generators and household universal waste generators must not dispose of universal wastes must send the waste to another universal waste handler, a universal waste transporter (e.g., a curbside collection), a destination facility, or an authorized curbside household hazardous waste collection program.
Notification and reporting
- Notify DTSC and receive an EPA Identification Number before accumulating 5,000 kilograms of universal waste. Re-notification is not necessary if the handler already has an EPA ID Number.
- Notify DTSC if you are a universal waste handler who accepts and accumulates, but does not treat, any electronic device, CRT, and/or CRT glass from an offsite source at least 30 days before accepting the waste.
- Submit annual reports if you are a universal waste handler that accepts more than 100 kg of electronic devices, CRTs, and CRT glass from any offsite source in a calendar year, by February 1 of the following year. The report describes the accumulation activities for electronic devices, CRTs, and CRT glass.
State-specific management standards
- Follow seismic and precipitation design standards in section 66265.25 (for mercury-containing equipment).
- For mercury-containing rubber flooring. A universal waste handler shall manage mercury-containing rubber flooring in a way that prevents releases of any universal waste or component of a universal waste to the environment under reasonably foreseeable conditions.
- For dental amalgams (e.g., dental-amalgam scraps and fines, single-use dental-amalgam traps and filters, and extracted teeth with dental-amalgam restorations): Place in airtight containers. The containers shall be kept closed, except when dental amalgams are being added or removed. Do not rinse in a sink or place dental amalgams into medical waste containers.
- For mercury added novelties that are painted with paint containing mercury: Accumulate in an airtight container. The container shall be closed (except when mercury-added novelties are added or removed), structurally sound, and compatible with the mercury-added novelties, and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.
- For gas flow regulators: Keep upright at all times during accumulation and transportation. Place each regulator into an airtight container or package that is structurally sound, adequate to prevent breakage, and compatible with the contents of the gas flow regulator. The container or package shall remain closed and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions. Ensure that a mercury clean-up system is readily available to transfer immediately any mercury resulting from spills or leaks from gas flow regulators, to an airtight container.
- For mercury counterweights and dampers: Prior to shipping to a recycler, pack them in a container, with packing materials adequate to prevent breakage during storage, handling, and transportation. The container shall be closed (except when mercury counterweights and dampers are added or removed), structurally sound, and compatible with the contents of the mercury counterweight or damper; and lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions. Ensure that a mercury clean-up system is readily available.
- For dilators and weighted tubing: Prior to shipping dilators and weighted tubing, pack them in a container with packing materials adequate to prevent breakage during storage, handling, and transportation. The container shall be closed (except when dilators and weighted tubing are added or removed), structurally sound, and compatible with the contents of the dilators and weighted tubing, and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions. Ensure that a mercury clean-up system is readily available.
- For CRTs: Store CRTs in a container or package that is structurally sound, adequate to prevent breakage of the CRT, and compatible with the contents of the CRT. Such a container or package shall lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions. Immediately clean up and place in a container any CRT that is broken and place in a container any CRT that shows evidence of breakage, leakage, or damage that could cause the release of CRT glass or other hazardous constituents to the environment under reasonably foreseeable conditions. The containers shall be structurally sound, compatible with the contents of the CRTs and shall lack evidence of leakage, spillage or damage that could cause leakage or releases of CRT glass or other hazardous constituents to the environment under reasonably foreseeable conditions. Place CRTs in a container with packing materials, if such material is necessary to prevent breakage during handling, storage and transportation.
- For CRT glass: Manage CRT glass in a way that prevents releases of any CRT glass to the environment under reasonably foreseeable conditions. Contain any CRT glass in a container or package that is structurally sound and compatible with the contents of the CRT glass to prevent releases to the environment. Such a container or package shall lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions. Immediately clean up and place in a container any CRT glass that is released from a broken CRT or that is spilled. Immediately clean up and place in another container any CRT glass that is released as a result of breakage, leakage, or damage to a container of CRT glass, and shall place in that other container any unreleased CRT glass remaining in the broken, leaking, or damaged container. The containers into which CRT glass is placed shall be structurally sound, compatible with the contents of the CRT glass, and shall lack evidence of leakage, spillage or damage that could cause leakage or releases of CRT glass or other hazardous constituents to the environment under reasonably foreseeable conditions.
Training
- Provide initial and annual training to all personnel who manage universal wastes at the handler's facility to ensure they are thoroughly familiar with proper universal waste management and emergency response procedures relative to their responsibilities. Keep a written record by date indicating the names of personnel who received the training. Keep this record or at least three years from the date the person last managed any UW at the facility.
- Immediately contain all releases of UW and determine if the release is a hazardous waste.
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['Waste']
['Hazardous Waste', 'Solid Waste', 'Waste Transporters', 'Universal Waste', 'Waste Handlers']
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Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.