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Date Modified: August 16, 2005

Universal Wastes

Universal wastes are hazardous wastes that are more common and pose a lower risk to people and the environment than other hazardous wastes. Federal and state regulations identify universal wastes and provide simple rules for handling, recycling, and disposing of them. Examples of universal wastes regulated under the Resource Conservation and Recovery Act (RCRA) include:

  • Spent batteries
  • Waste pesticides
  • Used Fluorescent Lamps
  • Used mercury-containing thermostats and
  • Mercury-containing equipment (MCE) (effective August 5, 2005). MCE means a device or part of a device (excluding batteries and lamps) that contains elemental mercury integral to its function, including: thermostats; barometers; manometers; temperature and pressure gauges; and mercury switches. *This includes mercury light switches in automobiles.

EPA has concluded that regulating spent mercury-containing equipment as a universal waste will lead to better management of this equipment and will facilitate compliance with hazardous waste requirements. This final rule is effective August 5, 2005. EPA has prepared the following information about MCE: Discarded Mercury-Containing Equipment Classified as Universal Waste and Frequently Asked Questions about the New Mercury-Containing Equipment Rule.

The actual list of universal wastes in your state may include these items and/or different wastes.

As with hazardous waste generators, businesses that generate universal wastes are divided into categories, depending on the quantity of universal waste they accumulate. Most states recognize two categories:

  • Small quantity handler of universal waste (does not accumulate 11,000 pounds or more)
  • Large quantity handler of universal waste (accumulates 11,000 pounds or more)

Like in most federal environmental legislation, EPA encourages states to develop and run their own hazardous waste programs as an alternative to direct EPA management. With universal waste rules, more state-specific differences exist than with most other environmental regulations because:

  • State adoption of the 1995 federal universal waste rule is optional because the rule is less stringent than the previous hazardous waste requirements under RCRA.
  • States can create different standards (except for batteries due to the Battery Act ), but they have to be equivalent to the federal regulations (i.e., they must provide equivalent protection, cannot regulate fewer handlers, etc.)
  • States may adopt the entire rule or certain provisions, which are:
    • General provisions
    • Provisions for batteries, pesticides, thermostats, and lamps (states do not have to include all of them)
    • Provisions allowing the addition of new universal wastes in states

The universal waste rule went into effect immediately in states and territories that are not RCRA-authorized including Iowa, Alaska, and Puerto Rico. The purpose of this on-line tool is to provide quick access to:

  • State regulations for universal wastes
  • Contacts at state environmental agencies that can answer your questions and
  • Resources that can help achieve compliance

Select from the pulldown menu to see your state's fact sheet on mercury:

 

 

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