...
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.
The Maine Department of Environmental Protection enforces the universal waste regulations.
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.
Maine incorporates by reference portions of the federal universal waste rule. In addition to batteries, lamps, and mercury-containing devices, Maine recognizes architectural paint, cathode ray tubes, motor vehicle mercury switches, and totally-enclosed, non-leaking polychlorinated biphenyl (PCB) ballasts as universal waste. Maine does not recognize pesticides as universal wastes.
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.
- Ballast means a device that electronically controls light fixtures and includes a capacitor containing 0.1 kg or less of dielectric.
- 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.
- Cathode Ray Tubes means a product video display component of televisions, computer displays, military and commercial radar, and other display devices.
- 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.
- Thermostat means 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 Transporter means a person engaged in the off-site transportation of universal waste by air, rail, highway, or water.
Summary of Requirements
Store universal wastes for no more than one year from the date the waste is first placed in the container or collection container. A generator may store waste for more than one year only if the generator stores the waste for no more than 90 days from the date the container or collection container becomes full when the activity is solely for the purposes of accumulation of such quantities of universal waste as necessary to facilitate proper recovery, treatment or disposal. The handler bears the burden of proving that such activity was solely for the purposes of accumulation of such quantities as necessary to facilitate proper recovery, treatment or disposal. For the purposes of the accumulation of the following waste in collection containers no larger than the following capacities, the accumulation time of 90 days from the collection container full date is deemed “necessary to facilitate proper recovery, treatment or disposal”:
- Architectural paint – container of 5 gallons or less;
- Cathode Ray Tubes - no larger than a single gaylord container;
- NOTE: A gaylord container is typically a 4'x4'x4' container that will typically contain 24 CRTs.
- Lamps - no larger than a 190-bulb capacity container;
- Mercury Thermostats - container of no larger than 30 gallons;
- Mercury Devices - containers of no larger than 55 gallons; and
- Motor Vehicle Mercury Switches - containers of no larger than 5 gallons.
- Motor Vehicle Mercury Switches must be shipped off site at least every three years regardless of whether the quantity accumulated reaches the capacity limit identified in this subsection.