Universal Wastes: Deciphering the Differences Between Federal and State Requirements
Deb Hunsicker, STC Senior Analyst, Sagle, ID
The familiar universal waste program began in May 1995, when EPA promulgated streamlined management standards for hazardous waste batteries, pesticides, and thermostats. In July 1999, EPA added lamps to the universal waste program, followed in August 2005 by mercury-containing equipment (encompassing thermostats). The federal universal waste rules establish simplified and less stringent standards for this set of common hazardous wastes to encourage recycling and proper management.
Although authorized states are not required to adopt the federal universal waste rule, all states have established some form of universal waste program, either by adopting all or part of the federal rules or by creating their own state-specific regulations. State rules may differ from the federal standards in many aspects. This article looks at some obvious-and not-so-obvious-differences in the wastes covered by state universal waste programs.
States May Regulate Less or More Universal Wastes
A key difference between state and federal programs is what wastes are considered universal wastes. States are not required to include all wastes covered under the federal rules, so some states regulate fewer universal wastes. For example, New York includes thermostats but not the expanded federal category of mercury-containing equipment, and California does not include pesticides.
A state may also include more universal wastes in their program than the federal rules do. This may seem odd, given that state hazardous waste regulations may not be less stringent than the federal ones; however, EPA decided to allow states the flexibility to add additional universal wastes to their state programs without requiring the waste to be added at the federal level. To add universal wastes to their programs, states must obtain authorization for portions of the federal regulations that address the petition process for adding new universal wastes. A state that is authorized for the petition process may use evaluation factors analogous to those in the federal rule to review petitions and make decisions as to whether to add new wastes to the state's universal waste regulations. Many states have taken advantage of this process to include additional universal wastes: California, Colorado, and New Mexico all include aerosol cans; both Florida and Michigan add pharmaceutical wastes; New Jersey and Pennsylvania include oil-based finishes; Pennsylvania and Rhode Island include photographic solutions, Texas adds paint and paint-related wastes; Louisiana and Michigan include antifreeze; and a number of states add electronic devices and/or cathode ray tubes.
Remember, if you handle a universal waste that your state has added to its program but the waste is not a universal waste under federal rules, that waste may only be managed as universal waste within your state (or other states that have added that waste to their universal waste regulations). If you ship that waste to another state where it is not classified as a universal waste, you must comply with all applicable hazardous waste management requirements.
Defining Wastes: Same Waste, Different Rules
In addition to knowing which universal wastes your state does or does not include in its program, you must also understand differences in how your state defines or classifies hazardous waste. These criteria consequently affect what wastes can be managed as universal waste. The different rules for batteries, mercury-containing equipment, and lamps provide some examples.
Batteries: Many batteries exhibit one or more of the characteristics of a hazardous waste and, therefore, under federal rules are universal waste batteries; any batteries that do not exhibit a characteristic are not hazardous waste and thus are not universal waste. Under federal regulations, alkaline batteries are usually not considered to be hazardous waste because they do not exhibit a characteristic using the toxicity characteristic leaching procedure (TCLP) test. However, aquatic bioassay analysis has indicated that alkaline batteries exhibit as hazardous waste characteristic, so in those states that use bioassay characterization criteria (such as California) alkaline batteries are hazardous/universal waste. In addition, California considers all batteries to be hazardous waste when they are discarded and specifies that all batteries must be recycled or taken to a household hazardous waste disposal facility, a universal waste handler, or an authorized recycling facility. California also does not allow automotive lead-acid batteries to be managed under its universal waste rules. Rhode Island, on the other hand, requires waste nickel-cadmium, mercuric oxide, and lead-acid dry cell batteries to be managed as universal waste (or hazardous waste) whether or not they exhibit a hazardous characteristic.
Mercury-Containing Equipment: Federal rules use a broad definition of mercury-containing equipment (a device or part of a device-including thermostats, but excluding batteries and lamps-that contains elemental mercury integral to its function) but some states use a narrower definition. California, for example, lists the specific items that are considered mercury-containing equipment or devices, while Michigan lists mercury switches and mercury thermometers separately from other mercury-containing devices. Rhode Island requires mercury-containing equipment to be managed as universal/hazardous waste whether or not it exhibits a hazardous characteristic.
Lamps: Federal rules allow lamps that are unintentionally broken to be managed as universal waste (but the rules prohibit intentional crushing or breaking of lamps because that is considered "treatment"). Some state regulations, such as those in Alabama and Arkansas, are more stringent and require all broken lamps to be handed as hazardous waste. Other states allow intentional breaking or crushing of lamps provided that specific requirements are met. Again, Rhode Island requires waste lamps to be managed as universal/hazardous waste whether or not they exhibit a hazardous characteristic.
State Hazardous Characteristics and Listed Universal Wastes
As mentioned in the discussion on batteries, a state may have more stringent waste characterization criteria so that wastes that are not hazardous under federal rules are regulated as hazardous waste, and thus potentially as universal waste, by the state. Minnesota adds a lethality characteristic (based on lethal dose) to its hazardous waste criteria, and both Washington and California use bioassay tests and other toxicity measures, so these additional characteristics must be considered when classifying wastes.
Also consider differences in exemptions. At the federal level, cathode ray tubes (CRTs) may be managed under a conditional exemption from the hazardous waste regulations. In states that have not adopted this conditional exemption, CRTS to remain subject to the hazardous waste rules, while other states have chosen to regulate CRTs as universal waste.
Finally, for a waste to be a universal waste it must be hazardous waste, which means under federal rules that it must exhibit one or more of the characteristics of a hazardous waste (that is why a lamp or battery that does not exhibit a characteristic is not hazardous and is not subject to regulation). However, some states required specified wastes to be managed as a hazardous/universal waste regardless of whether or not it exhibits a characteristic. As mentioned previously, Rhode Island requires lamps, certain batteries, and mercury-containing equipment to be managed as universal waste or hazardous waste regardless of whether or not they exhibit a characteristic. California lists certain mercury-containing products as hazardous wastes when discarded, regardless of the level of mercury (such products include mercury-containing motor vehicle light switches, non-automotive mercury switches and any product that contains such switches, lamps that contain intentionally added mercury and products or devices with such lamps, and mercury-added novelties).
Thinking Outside the Universal Waste Rules
Even if your waste is non-hazardous under federal and state rules and not subject to regulation as a hazardous or universal waste, disposal of the waste in the regular trash may still be prohibited. Beyond the hazardous waste and universal waste rules, states may impose additional restrictions on certain wastes under other regulatory programs, including state solid waste regulations. In many states, mercury-a hot topic for many years-falls under separate rules, including bans or special standards for mercury switches, automobiles or equipment containing mercury switches, or mercury-added products. A number of states have enacted disposal bans that prohibit the disposal of certain wastes (such as electronic wastes, CRTs, and certain types of batteries) in municipal landfills. Many states also have recycling laws and regulations aimed at electronic wastes.
When it comes to handling wastes, you need to know the specific characteristics, definitions, and exclusions for the universal, hazardous, and solid waste programs in your state (as well as any state your waste may end up).
For a comparative summary of key state universal waste program requirements, go to "Program Tools and Guidance" on the Resources page of our website (www.specialtytechnicalconsultants.com).
Deborah Hunsickeris an STC Senior Analyst and regulatory specialist located in STC's northern Idaho office. She has over 20 years experience in environmental consulting and regulatory compliance. Deb is a recognized expert in federal and state hazardous waste and hazardous materials regulatory issues. She has assisted various legal and industrial clients in developing customized environmental auditing protocols, providing ongoing regulatory monitoring services, and preparing training materials and compliance programs. Currently, she coordinates several regulatory information projects for key clients that involve tracking regulatory developments and preparing monthly summary reports of federal and state regulatory changes that may impact operations. For more information about these or other EPA proposed rules, contact Deb at (208) 255-2780 or dhunsicker@stcenv.com.
