1.0 SCOPE

2.0 DEFINITIONS

3.0 SMALL QUANTITY HANDLERS OF UNIVERSAL WASTE
        Management Requirements
        Labeling
        Accumulation Time Limits
        Employee Training
        Spills
        Shipments
        Tracking Shipments
        Batteries
        Pesticides
        Thermostats

4.0 LARGE QUANTITY HANDLERS OF UNIVERSAL WASTE

5.0  UNIVERSAL WASTE TRANSPORTERS

6.0  DESTINATION FACILITIES

1.0  SCOPE
There are many common discarded products that when disposed of meet the EPA definition of being a hazardous waste. These can include antifreeze, paint residue, fluorescent bulbs, photographic waste and electrical components.

Rather than trying to manage these diverse waste streams according to the hazardous waste regulations and the regulatory burden associated with such management the EPA has issued a relaxed set of procedure to assist small business in managing batteries, pesticides and mercury containing thermostats. The EPA anticipates adding additional materials to the list of universal wastes in the future.

2.0  DEFINITIONS

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. It does not include electrical generators but only includes devices that can store electrical power.

Destination facility means a facility that treats, disposes of, or recycles a particular category of universal waste. 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.

Generator means any person, by site, whose act or process produces hazardous waste or whose act first causes a hazardous waste to become subject to regulation.

Large Quantity Handler of Universal Waste means a universal waste handler who accumulates 5,000 kilograms or more total of universal waste at any time. This designation as a large quantity handler of universal waste is retained through the end of the calendar year in which 5,000 kilograms or more total of universal waste is accumulated.

On-site means 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.

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. It does not include new animal drugs or feeds that contain animal drugs.

Small Quantity Handler of Universal Waste means a universal waste handler who does not accumulate more than 5,000 kilograms total of universal waste, on the contiguous property of the facility, 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 devices.

Universal Waste Handler means the owner or operator of a facility that generates or receives universal waste from other universal waste handlers, accumulates universal waste, and sends universal waste to another universal waste handler or to a destination facility. It does not include the treatment, disposal, recycling or transportation of universal waste.

Universal Waste Transfer Facility means any transportation-related facility where shipments of universal waste are held during the normal course of transportation for ten days or less.

Universal Waste Transporter means a person engaged in the off-site transportation of universal waste by air, rail, highway, or water. e under the requirements of this part.

3.0 SMALL QUANTITY HANDLERS OF UNIVERSAL WASTE A small quantity handler of universal waste is prohibited from disposing, diluting or treating any universal waste. The small quantity handler is not required to notify EPA of their universal waste handling activities.

3.1 MANAGEMENT REQUIREMENTS
3.1.1 Labeling
The universal waste or the container in which the universal waste is placed in must be labeled or marked clearly with the words Universal Waste--Batteries, Universal Waste--Pesticides, or Universal Waste--Mercury Thermostats as appropriate.

3.1.2 Accumulation Time Limits
A small quantity handler of universal waste may accumulate universal waste for no longer than one year from the date the universal waste is generated, or received from another handler. It is permissible to accumulate waste longer than one year from the date the universal waste is generated 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. However, the generator bears the burden of proving that such activity is solely for the purpose of accumulation of such quantities of universal waste as necessary to facilitate proper recovery, treatment, or disposal. The handle must be able to demonstrate the length of time that the universal waste has been accumulated from the date it becomes a waste. This may be done by labeling each individual item with the date it became a waste, labeling the container with the earliest date that any waste was placed in the container, maintaining an inventory system that identifies the date each universal waste became a waste, Maintaining an inventory system on-site that identifies the earliest date a group of containers of universal waste became a waste, or any other method which clearly demonstrates the length of time that the universal waste has been accumulated.

Facilities that mix universal wastes with regular trash must manage the commingled waste as universal waste or regular hazardous waste.

3.1.3 Employee Training
All employees who handle or have responsibility for managing universal waste. must be informed of procedures for proper handling and emergency procedures appropriate to the type(s) of universal waste handled at the facility.

3.1.4 Spills
The handler must immediately contain all releases of universal wastes and other residues from universal wastes. It must be determined whether any material resulting from the release is hazardous waste, and if so, it must managed the hazardous waste in compliance with the regular hazardous waste regulations

3.1.5 Shipments
A small quantity handler of universal waste is prohibited from sending or taking universal waste to a place other than another universal waste handler or a destination facility If a small quantity handler of universal waste self-transports universal waste off-site, the handler becomes a universal waste transporter and must comply with the transporter requirements and Department of Transportation regulations.

If a universal waste being offered for off-site transportation meets the definition of hazardous materials under 49 CFR parts 171 through 180, a small quantity handler of universal waste must package, label, mark and placard the shipment, and prepare the proper shipping papers in accordance with the applicable Department of Transportation regulations under 49 CFR parts 172 through 180;

For purposes of the Department of Transportation regulations, a material is considered a hazardous waste if it is subject to the Hazardous Waste Manifest Requirements of the U.S. Environmental Protection Agency specified in 40 CFR part 262. Because universal waste does not require a hazardous waste manifest, it is not considered hazardous waste under the Department of Transportation regulations.

Some universal waste materials are regulated by the Department of Transportation as hazardous materials because they meet the criteria for one or more hazard classes specified in 49 CFR 173.2. As universal waste shipments do not require a manifest under 40 CFR 262, they may not be described by the DOT proper shipping name ``hazardous waste, (liquid) or (solid), n.o.s.'', nor may the hazardous material's proper shipping name be modified by adding the word ``waste''.

Before shipping universal waste to another universal waste handler you must ensure that the receiving handler agrees to accept the shipment.

If the shipment is rejected by the receiving handler or destination facility, the originating handler must either receive the waste back or agree with the receiving handler on a new facility to which the shipment will be sent.

A small quantity handler of universal waste may reject a shipment containing universal waste, or a portion of a shipment containing universal waste that he has received from another handler. If a receiving handler rejects a shipment or a portion of a shipment, he must contact the originating handler to notify him of the rejection and to discuss reshipment of the load. They must agree to either send the shipment back to the originating handler or send the shipment to a new destination facility.

If a small quantity handler of universal waste receives a shipment containing hazardous waste that is not a universal waste, the handler must immediately notify the appropriate regional EPA office of the illegal shipment, and provide the name, address, and phone number of the originating shipper. The EPA regional office will provide instructions for managing the hazardous waste.

3.1.6 Tracking Shipments
A small quantity handler of universal waste is not required to keep records of shipments of universal waste. The EPA assumes that the regular business documents used as part of the shipment will be sufficient to show that the material was managed correctly.

3.2 BATTERIES
Spent lead-acid batteries (car batteries) must be managed under the universal waste regulations or the regular hazardous waste regulations. There are certain exemptions for car batteries that are recycled under the regular hazardous waste regulations. According to the EPA 90% of all car batteries are being currently recycled and they see no reason to change the regulations concerning car batteries.

A used battery becomes a waste on the date it is discarded (e.g., when sent for reclamation) and an an unused battery becomes a waste on the date the handler decides to discard it.

Batteries in a way that prevents releases of any universal waste or component of a universal waste to the environment. Batteries that show evidence of leakage or damage must be be stored in containers that are closed, structurally sound and compatible with the contents of the battery.

As long as the casing of each individual battery cell is not breached and remains intact and closed small quantity handler of universal waste may conduct the following activities:

• Sorting batteries by type;
• Mixing battery types in one container
• Discharging batteries so as to remove the electric charge
• Regenerating used batteries
• Disassembling batteries or battery packs into individual batteries or cells
• Removing batteries from consumer products; or
• Removing electrolyte from batteries.
• Anyone who removes electrolyte from batteries, or who generates other waste associated with batteries (e.g., battery pack materials, discarded consumer products) must determine if this material is a regular hazardous waste.
• If the electrolyte and/or other solid waste is a hazardous waste it is subject to all applicable requirements of regular hazardous waste. The handler is considered the generator of hazardous waste and must comply with all of the generator requirements. This includes EPA notification and strict limits on storage. If the electrolyte or other solid waste is not a hazardous waste youmay dispose of the material in a solid waste landfill.

3.3 PESTICIDES
Pesticides are generally managed under the Federal Insecticide, Fungicide and Rodenticide Act. Waste pesticides are usually generated due to a federal recall or from citizens cleaning out the garage. Universal waste pesticides include both recalled pesticides stocks of a suspended and canceled pesticide that are part of a voluntary or mandatory recall and unused pesticide products that are collected and managed as part of a waste pesticide collection program. Pesticides that are managed, in accordance with the disposal instructions on the label, on a working farm are exempt from the universal waste regulations.

Labeling
The container must be labeled with original label and the wording Universal Waste-Pesticide(s). If the original label is not legible, it must be labeled either in accordance with DOT requirements or have a label officially recognized by the state as part of a pesticide collection program.

3.4 THERMOSTATS
A small quantity handler of universal waste must manage mercury thermostats in a way that prevents releases of any universal waste or component of a universal waste to the environment.

A small quantity handler of universal waste must contain any thermostat that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions in a container. The container must be closed, structurally sound and compatible with the contents of the thermostat. Ampules containing mercury may be removed from thermostats provided:

• The ampules in a manner to prevent breakage of the ampules
• Ampules are only removed over a tray or pan sufficient to collect and contain any mercury released in case of breakage
• A mercury clean-up system is readily available
• Spills or leaks from broken ampules are immediately cleaned up and placed into a proper container
• The area in which ampules are removed is well ventilated and monitored to ensure compliance with applicable exposure levels for mercury
• Employees removing ampules are thoroughly familiar with proper waste mercury handling and emergency procedures, including transfer of mercury from containment devices to appropriate containers
• Removed ampules are stored in closed, non-leaking containers that are in good condition
• Packs removed ampules in the container with packing materials adequate to prevent breakage during storage, handling, and transportation
• Determine whether any solid waste generated as a result of the removal of mercury-containing ampules or clean-up residues is characteristic of hazardous waste. If it is it must be managed in accordance with the regular hazardous waste regulations.

4.0 LARGE QUANTITY HANDLERS OF UNIVERSAL WASTE
A large quantity handler of universal waste must provide written notification of universal waste management to the Regional Administrator, and received an EPA Identification Number, before reaching the 5,000 kilogram storage limit.If the large quantity handler of universal waste already has an EPA Identification Number the facility is not required to renotify.

A large quantity handler of universal waste must ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relative to their responsibilities during normal facility operations and emergencies.

A large quantity handler must keep records on where the waste was shipped, the quantity, the date it was shipped and the date it was received at the facility. These records must be retained for three years.

5.0 UNIVERSAL WASTE TRANSPORTERS
A universal waste transporter must comply with all applicable U.S. Department of Transportation regulations in 49 CFR part 171 through 180 for transport of any universal waste that meets the definition of hazardous material in 49 CFR 171.8.For purposes of the Department of Transportation regulations, a material is considered a hazardous waste if it is subject to the Hazardous Waste Manifest Requirements of the U.S. Environmental Protection Agency specified in 40 CFR part 262. Because universal waste does not require a hazardous waste manifest, it is not considered hazardous waste under the Department of Transportation regulations.

Some universal waste materials are regulated by the Department of Transportation as hazardous materials because they meet the criteria for one or more hazard classes specified in 49 CFR 173.2. As universal waste shipments do not require a manifest under 40 CFR 262, they may not be described by the DOT proper shipping name ``hazardous waste, (l) or (s), n.o.s.'', nor may the hazardous material's proper shipping name be modified by adding the word ``waste''.

A universal waste transporter may only store the universal waste at a universal waste transfer facility for ten days or less. If it is stored for more than ten days, the transporter becomes a universal waste handler and must comply with the waste handler requirements.

Spills
All releases of universal wastes and other residues from universal wastes must be immediately contained. It must be determined if any of this material is regulated as a regular hazardous waste and should be managed up the regular hazardous waste requirements.

Sec. 273.55 Off-site shipments.
A universal waste transporter is prohibited from transporting the universal waste to a place other than a universal waste handler, a destination facility, or a foreign destination.

If the universal waste being shipped off-site meets the Department of Transportation's definition of hazardous materials under 49 CFR 171.8, the shipment must be properly described on a shipping paper in accordance with the applicable Department of Transportation regulations under 49 CFR part 172.

6.0 DESTINATION FACILITIES
The operator of a destination facility must be in compliance with all of the regular requirements for a hazardous waste treatment or disposal facility. The destination facility must keep a record of each shipment of universal waste received at the facility. The record may take the form of a log, invoice, manifest, bill of lading, or other shipping document. It is the same information that a large handler must retain. These records must be maintained for three years.