In this article we will look at how state rules for universal waste handlers typically differ from federal rules. This summary will highlight some key areas where state rules often differ. (States with complex programs, such as California and Maine, are not fully described below.)

A "universal waste handler" is a generator of universal waste or a facility that receives universal waste from other universal waste handlers and stores it until sending the accumulated waste on to its next (possibly final) destination.    

Universal Waste Handler Classification

• California has only one set of standards for handlers: small quantity handlers must meet the same requirements as large quantity handlers.
• New Hampshire has an additional category for very large quantity handlers (those who accumulate 20,000 kg or more of universal waste at any time).  These handlers are subject to stricter standards, including requirements for closure, financial assurance, security, contingency plans, and preparedness and prevention.
• A state may establish a different limit and/or separate limit for a specific waste. For example, in Rhode Island a small quantity universal waste handler is a handler who accumulates less than 20,000 kg of used electronics, calculated collectively at any one time, or less than 5,000 kg of all other universal wastes, calculated collectively at any time.

Universal Waste Handler Notification

Large quantity handlers must notify EPA and obtain an identification number (if they don't already have one for their hazardous waste activities); small quantity handlers of universal waste are not required to notify EPA. State exceptions include the following:

• Because California does not have a small quantity handler classification all handlers must comply with the notification requirement.
• In Washington, large quantity handlers must notify Ecology of their universal waste management activities and receive an EPA Identification Number before meeting or exceeding the 5,000 kg (11,000 lb) limit for all universal wastes, or before meeting or exceeding a 1,000 kg (2,200 lb) limit for lamps.

On-Site Accumulation and Storage Requirements

The federal rules establish a number of standards for the accumulation and storage of universal waste by small and large quantity handlers, including requirements for containers, packaging, and labeling. Many states have additional requirements:

• Maine's additional requirements for storage areas include providing adequate aisle space and security. Maine also requires wastes such as lamps and mercury devices to be stored inside in areas not exposed to weather.  Finally, large quantity handlers in Maine must inspect accumulation areas and keep an inspection log.
• In Maine, each container of universal wastes must be labeled with both the accumulation start date and the date the container became full.
• Massachusetts requires containers that are used to hold thermostats, mercury-containing devices, and lamps to be vapor-tight.
• New Jersey's large quantity handlers must submit an annual report detailing the types and amounts of universal wastes received, stored, and shipped in the preceding calendar year.
• In Vermont, handlers must place universal waste mercury-containing lamps in packaging functionally equivalent to that used to transport new, unused lamps. Tape must be used to seal packages that are full of waste lamps.
• Washington requires handlers to store universal waste lamps that have been accumulated in cardboard or fiber containers indoors to prevent exposure to the elements.

Storage Time Limit

Small and large quantity handlers may accumulate universal waste for no longer than one year under the federal rules, unless the handler needs more time to accumulate quantities necessary to facilitate proper recovery, treatment, or disposal (the handler bears the burden of proving this need, although the rules do not specify how to do so). States may have different time limits:

• California does not allow for storage longer than one year.
• Florida establishes a 6-month limit on accumulation of universal pharmaceutical wastes by large quantity handlers.
• Although Maine allows storage for longer than 1 year to accumulate sufficient quantities, in no case may wastes be stored for more than 90 days from the date the container becomes full.
• Nebraska requires any handler wishing to exceed the one year limit to obtain prior written approval from the Department of Environmental Quality.

Tracking Shipments

Federal rules require large quantity handlers to keep records of universal shipments received from other handlers and sent off site. The records-which may be a log, invoice, manifest, bill of lading, or other shipping document-must be kept for at least 3 years. Small quantity handlers are not required to track shipments of universal waste. State requirements include the following:

• In California and Tennessee, all handlers must track their shipments and retain records.
• Maine requires the use of a Recyclable Hazardous Materials Uniform Bill of Lading or manifest. Maine also requires universal waste generators to maintain a Certificate of Recycling for at least 3 years from the date of shipment.

Worker Training

Large quantity universal waste handlers are required to 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 small quantity handler must inform all employees who handle or have responsibility for managing universal waste of the proper handling and emergency procedures appropriate to the type(s) of universal waste handled at the facility.  Federal rules do not require records and do not specify the timing of the training. State rules often differ as follows:

• California requires both initial and annual refresher training on specific topics and requires that training records be maintained.
• In Florida, handlers of universal pharmaceutical waste must provide annual training and keep records. Handlers of mercury-containing lamps and devices must ensure that all employees managing these wastes are trained in emergency cleanup and containment procedures and that a written copy of emergency procedures are kept at the handler's business.
• Maine requires handlers to maintain training records.

Universal Waste Management and Treatment

Federal regulations generally prohibit treatment of universal waste, with limited exceptions for specific activities for each type of universal waste. Crushing or intentionally breaking lamps, for example, is considered treatment and therefore prohibited. Broken lamps resulting from accidental (instead of intentional) breakage, however, may still be managed as a universal waste but are typically more expensive to recycle or dispose of than intact lamps. For mercury-containing devices, handlers may remove ampoules or the open original housing holding the mercury if they comply with specific requirements. States may have different treatment standards, such as:

• Some state universal waste programs allow lamp crushing under specific conditions designed to control emissions of hazardous constituents (such using certain equipment or controls, or providing special training). Crushing lamps may also require agency notification, written procedures, or a permit.  States that currently allow crushing of lamps include Colorado, Florida, Illinois, Maryland, Montana, New Mexico, Tennessee, Texas, and Virginia.
• Several states, including Alabama and Alaska, specifically prohibit any broken or crushed lamp from being managed as universal waste.  In addition, states such as Indiana specifically state that intentional crushing is prohibited; Federal universal waste regulations consider crushing to be waste treatment and allowable if properly permitted.
• California requires handlers who treat universal wastes (including disassembly, draining, and processing) to obtain authorization for those activities and comply with specific requirements.
• North Dakota and Vermont do not allow the handling of devices with uncontained mercury or the removal of mercury from open housings.
• Nebraska has additional requirements for handlers who drain elemental mercury from open-ended mercury-containing items, including establishment of written procedures, documentation of draining activities, and a 45-kilogram limit on accumulation of elemental mercury.

State Specific Universal Wastes

As previously mentioned, states may include additional wastes under their universal waste program, so if you are handling a state-only universal waste, check state regulations for the specific requirements for managing that waste.    Sometimes state-specific wastes are treated the same as other universal wastes, while other times state requirements are very different than those for other universal wastes.

Conclusion

EPA allows states to create standards that differ from the federal regulations (although state rules must be equivalent to the federal rules). Determining which of your wastes are universal wastes in your state is just the beginning.  You also have to determine your universal waste handler category and associated notification requirements. Based on your classification and the specific wastes involved, you may have to follow state-specific rules for labeling, containers, storage areas, storage time limits, tracking, training, and handling.

For a comparative summary of key state universal waste program requirements, go to "Program Tools and Guidance" on the Resources page of our website. For a discussion of the different waste types covered by state universal waste programs, see the article published in the Spring 2013 issue of The Advisor: News You Can Use. Previous editions of our newsletter can be accessed from  the Archive link on our website.

Deborah Hunsicker is 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

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