What Is Universal Waste?

This blog entry is a comprehensive overview of universal waste and how it must be managed per the EPA and DOT. Q&As include:

1. What is universal waste?
2. What are some examples of universal waste?
3. How do you dispose of small or household amounts of universal waste?
4. Why did the EPA create the universal waste category?
5. Are the rules for managing universal waste state-specific?
6. What is a destination facility for universal waste?
7. What are the rules for storing large amounts of universal waste?
8. What are the packaging rules for large amounts of universal waste?
9. What are the rules for transporting large amounts of universal waste?
10. Are there labeling requirements for large amounts of universal waste?
11. Where can you get advice & help managing large amounts of universal waste?

What is universal waste?

Universal waste is materials that are RCRA hazardous but subject to more-lenient management requirements in relatively small “household amounts.” The flip side to that: in large enough quantities, universal waste reverts to being hazmat and must be treated as RCRA hazardous. How much universal waste is too much? You can get expert advice about that here.

What are some examples of universal waste?

In sum, universal waste is anything that’s listed in Title 40 of the Code of Federal Regulations with special attention to Part 273, which lists the five types of universal waste. They are:

• Batteries (because they contain lithium, silver ion, nickel, cadmium, mercury-oxide, or sealed lead-acid) [CFR § 273.2]
• Pesticides (because of the toxicity of their constituent chemicals) [CFR § 273.3]
• Mercury-containing equipment (E.g., thermometers, thermostats, and various equipment) [CFR § 273.4]
• Lamps (such as fluorescent, high-intensity discharge, neon, mercury vapor, high-pressure sodium, and metal halide) [CFR § 273.5]
• Aerosol cans (because they contain VOCs that contribute to the formation of ground-level ozone) [CFR § 273.6]

How do you dispose of small or household amounts of universal waste?

Per Q.1 above, remember that universal waste is nonetheless a hazardous waste. So, it’s garbage non gratis in landfills and can’t simply be tossed into the trash where it will wind up in one.

Instead, communities typically require you to take household amounts of universal waste to a specified collection point, from which it will be sent to a destination facility for proper treatment or disposal. Alternatively:

• Some jurisdictions have seasonal one-day collection events for universal waste.
• Take-back systems. For certain materials, you might be able (or required) to return certain items to retailers for recycling or proper disposal (e.g., fluorescent tubes).
• Some collection sites have product exchange programs where still-usable household products are made available and free to the public (e.g., paints, thinners, solvents, pesticides, etc.).

Why did the EPA create the universal waste category?

Many hazardous wastes are composed of everyday materials that we regard as largely benign when it comes to the environment. Think: batteries, pesticides, fluorescent tubes, aerosol cans, televisions, computers, old thermostats—the list goes on.

These wastes are so ubiquitous in the environment, and they’re generated by so many entities big and small (from single-parent households to ginormous industrial plants), that imposing the full breadth of hazmat regulations upon them would be so onerous as to invite noncompliance.

Thus, the EPA created the Universal Waste subcategory for certain kinds of hazardous waste that are commonly generated by households, businesses, and industry—along with regulations that purportedly streamline the hazardous waste management rules that surround them.

The agency says it did so to promote the collection and recycling of universal waste and encourage the development of municipal and commercial programs to reduce the amount of it that’s landfilled or incinerated.

It also purports that it created the Universal Waste subcategory to ease the regulatory load on retail stores and other generators needing to collect and transport such waste to a treatment facility.

Are the rules for managing universal waste state-specific?

Unfortunately, yes. Any state can add or subtract materials for its universal waste program, meaning that what’s a universal waste in one state might be a hazardous waste in another—and you really don’t want to have a hazardous waste found in that dumpster out back.

You can see a detailed list of state-specific universal wastes here. Nonetheless, as we’re apt to counsel: get expert advice before you start throwing stuff away en masse.

What is a destination facility for universal waste?

Bear in mind that in large enough amounts, universal waste reverts to being RCRA hazardous and must be managed as such. Thus, it must be transported to a properly licensed place (i.e., “destination facility”) that’s designated to treat and dispose of hazmat in accordance with the requirements and conditions of its hazardous waste facility permit.

Two examples of destination facilities are hazardous waste landfills and hazardous waste recycling facilities.

But you can’t transport hazardous waste to a destination facility by yourself. Instead, you need to employ the services of another kind of universal waste handler: one that specializes in collecting, storing, receiving, and shipping universal wastes (see Q.9).

What are the rules for storing large amounts of universal waste?

It depends upon whether the EPA considers you a Small Quantity Handler of Universal Waste (SQHUW) vs. a Large Quantity Handler (LQHUW) of Universal Waste.

An SQHUW can accumulate up to (but fewer than) 11,000 pounds of universal waste onsite without a storage permit for up to a year. If you’re an LQHUW, you can accumulate as much universal waste as you want without a storage permit for up to a year.

In either case, if you need more than one year, you must be able to prove that the waste has a feasible recycling market.

What are the packaging rules for large amounts of universal waste?

Unwanted pesticides, batteries, and mercury-containing products must be stored in containers that show no evidence of leakage or spillage—or damage that could cause leakage. More specifically:

• Pesticide universal waste can be stored in non-original containers provided that such containers remain closed.
• Battery universal waste must be stored in closed containers that are compatible with the battery’s constituent chemicals.
• Unwanted mercury-containing products (e.g., thermostats and barometers) should be placed in closed, sturdy containers and marked “Universal Waste—MCE” (where MCE stands for “mercury-containing equipment”).
• Aerosol cans that are damaged or leaking may be handled as universal waste so long as they’re packaged in a separate closed container, overpacked with absorbents, or immediately punctured & drained in accordance with EPA drainage requirements.

What are the rules for transporting large amounts of universal waste?

The DOT rules for universal waste transporters are logically more lenient than the rules for hazardous waste transporters. And unlike small or large hazardous waste generators, hazardous waste manifests aren’t required for universal waste handlers (although large handlers are required to keep basic shipping records). More specifically:

• Either an SQHUW or an LQHUW may transport universal waste to another universal waste handler, to a destination facility, or to a foreign location.
• A transporter of universal waste must comply with all applicable U.S. D.O.T. regulations applicable to hazardous material (once again evoking the fact that universal waste is a kind of hazardous waste).
• Either an SQHUW or an LQHUW may qualify as a transporter in order to self-transport a universal waste; and in such cases the handler must also comply with all applicable U.S. D.O.T. regulations.
• A destination facility may transport its universal waste to another destination facility, to another universal waste handler, or to a foreign destination.

Are there labeling requirements for large amounts of universal waste?

Each container of universal waste must be labeled with the dates that (1) the contents became a waste and (2) when it was received from another handler. Labeling requirements are the same for both LQHUWs and SQHUWs.

Of course, a container of universal waste should never be labeled (and thereby misidentified) as “hazardous waste,” even though that’s what it is, as it’s not to be subject to the more-stringent rules of general hazardous waste disposal.

Some other considerations:

• Containers of spent batteries must be labeled “Universal Waste—Batteries.
• Containers of defunct mercury products must be marked “Universal Waste” followed by what it is. For example: “Universal Waste—Mercury Thermostats” or “Universal Waste—Mercury Thermometers.”
• Pesticides must be labeled “Universal Waste—Pesticide,” and tanks or containers holding recalled pesticides must be marked with the original FIFRA label, as if they were still sellable.

Where can you get advice & help managing large amounts of universal waste?

Hazardous Waste Experts offers you decades of nationwide experience helping industries and organizations dispose of all kinds of universal waste—safely and conveniently. Depend on us for custom, sustainable solutions built on best practices for universal-waste handling, both onsite and offsite.

Contact us today. Or call (425) 414-3485. And thank you for reading our blog!