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['Waste']
['Waste Transporters', 'Waste Handlers', 'Solid Waste', 'Universal Waste', 'Hazardous Waste']
03/23/2023
Copyright 2023 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
Copyright 2023 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
...
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 New Mexico Environment Department, Hazardous Waste Bureau enforces the hazardous and universal waste regulations in the state.
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.
New Mexico recognizes the same universal wastes as federal.
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.
- 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
- Very small quantity generators of hazardous waste are exempt from most federal universal waste requirements except:
- Make a waste determination on all waste streams
- Do not generate more than 100 kilograms (220 pounds) of hazardous waste per month
- Send hazardous and universal waste to permitted treatment, storage, and disposal facility
- Small quantity handlers of universal waste:
- Identify waste batteries, lamps, pesticides, or mercury-containing equipment 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).
- Inform personnel of the hazards of the universal waste at the facility.
- Ship universal waste offsite within one year, unless a longer time is needed for proper recovery, treatment, or disposal (proof of necessity required).
- Ship universal wastes to another universal waste handler or a permitted receiving facility.
- Large quantity handlers of universal waste:
- Obtain an EPA Identification Number.
- 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).
- Train personnel according to their employee responsibilities.
- Ship universal waste offsite within one year, unless a longer time is needed for proper recovery, treatment, or disposal (proof of necessity required).
- Ship universal wastes to another universal waste handler or a permitted receiving facility.
- Keep basic shipping records.
- Ensure that all containers or packages containing oil-based finished are managed in an area with a secondary containment system.
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['Waste']
['Waste Transporters', 'Waste Handlers', 'Solid Waste', 'Universal Waste', 'Hazardous Waste']
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