CUSTOMIZED ENVIRONMENTAL UNIVERSAL WASTE RULE CUSTOMIZED ENVIRONMENTAL TRAINING (Read Directly From Slide) WELCOME 1 1 1 1

Insert Instructor Name Here (Read Directly From Slide) 2 2 2 2

OBJECTIVES Explain Why the Universal Waste Rule Was Written. Define Universal Waste. Discuss How the Universal Waste Rule Affects Business. Discuss Management of Waste Batteries. Discuss Management of Waste Pesticides. Discuss Management of Waste Thermostats. Discuss Management of Waste Lamps. Discuss Use of Contractors. (Read Directly From Slide) 3 3 3 3

GOALS Understand Why the Universal Waste Rule Was Written. Understand What Are the Universal Wastes. Be Familiar How the Universal Waste Rule Affects Business. Be Familiar With the Management of Waste Batteries. Be Familiar With the Management of Waste Pesticides. Be Familiar With the Management of Waste Thermostats. Be Familiar With the Management of Waste Lamps. (Read Directly From Slide)

BACKGROUND More than 600 Million Lamps Discarded Each Year as Hazardous Waste or are Sent to Landfills. Ni-Cd Rechargeable Batteries are Estimated to Represent Approximately 75 percent of the Cadmium Found in Municipal Solid Waste in 1995. EPA Projected that Lead-Acid Rechargeable Batteries, of which Small Sealed Lead-Acid Batteries are a Small Percentage, Would Represent Approximately 65 Percent of the Lead Found in Municipal Solid Waste in 1995. (Read Directly From Slide) 4 4 5 4

LEARNERS Supervisors Facility Engineers Maintenance Personnel Department Managers Building Occupants Process Specialists Environmental and Safety Committees (Read Directly From Slide) 5 5 6 5

OVERVIEW The goal of this course is to provide supervisors with the tools needed to management universal wastes. It recommends practical, actions that can be carried out by facility management, maintenance personnel and building occupants. The course will help you to integrate good universal waste management activities into your existing organization and identify which of your staff have the necessary skills to carry out those activities. (Read Directly From Slide) 4 7 3

WHAT THIS COURSE DOES NOT DO The course is not intended to provide information to treat or recycle universal wastes. These specialties required training beyond the intended scope of this course. Where this expertise is needed, outside assistance should be solicited. (Read Directly From Slide)

RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) RCRA addresses both hazardous waste and solid waste. The Resource Conservation and Recovery Act, Subtitle C (1976) The Resource, Conservation and Recovery Act (RCRA) of 1976, which amended the Solid Waste Disposal Act of 1965, addresses hazardous (Subtitle C) and solid (Subtitle D) waste management activities.

FEDERAL REGULATIONS Pertinent Regulations: 40 CFR 273 – Universal Waste Regulations This training will look at 40 CFR 273, Universal Waste Regulations. The Universal Waste Rule is promulgated by EPA as an amendment to the Resource Conservation and Recovery Act (RCRA) regulations. States that are authorized to implement the RCRA program are strongly encouraged to adopt this rule.

STATES’ ROLE RCRA encourages states to develop and run their own hazardous waste programs as an alternative to direct EPA management. States that are authorized to implement the RCRA program must adopt the universal waste rule in a separate state rulemaking for it to be effective. The rule is in effect in states and territories that are not RCRA-authorized including Iowa, Alaska, Hawaii, and Puerto Rico. Universal Wastes and States Like most federal environmental legislation, RCRA encourages states to develop and run their own hazardous waste programs as an alternative to direct EPA management. When EPA issues a new rule, such as the Universal Waste Rule, states that are authorized to implement the RCRA program must adopt the rule in a separate state rulemaking for it to be effective. Because the Universal Waste Rule is less stringent than the hazardous waste requirements under RCRA, state adoption is optional. The rule is in effect in states and territories that are not RCRA-authorized including Iowa, Alaska, Hawaii, and Puerto Rico. EPA has strongly encouraged state adoption and most states have adopted some or all of the Universal Waste Rule. This course addresses EPA’s Universal Waste Rule (UWR) as it applies to batteries, pesticides, thermostats, and lamps. You should check with your state to ensure it has adopted the UWR.

WHY THE UNIVERSAL WASTE RULE Eases regulatory burdens on businesses. Promotes proper recycling or disposal of hazardous waste batteries, pesticides, thermostats, and lamps which will reduce the amount of hazardous waste items in the municipal solid waste stream. Provides for collection opportunities for communities and businesses. The Universal Waste Rule has universal appeal Eases regulatory burdens on businesses. Promotes proper recycling or disposal of hazardous waste batteries, pesticides, thermostats, and lamps which will reduce the amount of hazardous waste items in the municipal solid waste stream. Provides for collection opportunities for communities and businesses.

CHARACTERISTICS OF UNIVERSAL WASTES These wastes share several characteristics: They are frequently generated in a wide variety of settings other than the industrial settings usually associated with hazardous wastes They are generated by a vast community, the size of which poses implementation difficulties for both those who are regulated and the regulatory agencies charged with implementing the hazardous waste program; and They may be present in significant volumes in non-hazardous waste management systems. Characteristics of Universal Wastes These wastes share several characteristics: --They are frequently generated in a wide variety of settings other than the industrial settings usually associated with hazardous wastes; -- They are generated by a vast community, the size of which poses implementation difficulties for both those who are regulated and the regulatory agencies charged with implementing the hazardous waste program; and -- They may be present in significant volumes in non-hazardous waste management systems.

WASTES COVERED There are 4 wastes that are considered Universal Wastes: Hazardous waste batteries Hazardous waste pesticides that are either recalled or collected in waste pesticide collection programs. Hazardous waste thermostats Hazardous waste lamps was added in 1999. Wastes Covered In 1995, when the Universal Waste Rule was first published, three wastes were classified as Universal Wastes: Hazardous waste batteries Hazardous waste pesticides that are either recalled or collected in waste pesticide collection programs. Hazardous waste thermostats In 1999, hazardous waste lamps were added to the list.

HOW IT AFFECTS BUSINESS The Universal Waste Rule eases the regulatory burden on businesses that generate these wastes by streamlining the requirements related to: Notification Labeling and marking Prohibitions Accumulation time limits Employee training Response to releases Off-Site Shipments Tracking Exports WHO IS AFFECTED BY THIS RULE? Businesses Universal wastes are generated by small and large businesses that are regulated under RCRA and have been required to handle these materials as hazardous wastes. The Universal Waste Rule eases the regulatory burden on businesses that generate these wastes. Specifically, it streamlines the requirements related to notification, labeling, marking, prohibitions, accumulation time limits, employee training, response to releases, offsite shipments, tracking, exports, and transportation. For example, the rule extends the amount of time that businesses can accumulate these materials on site. It also allows companies to transport them with a common carrier, instead of a hazardous waste transporter, and no longer requires companies to obtain a manifest. Many industries strongly support this new rule because they have identified easy collection of universal wastes as a priority to ensure sound environmental management. This rule will make it easier for companies to establish collection programs and participate in manufacturer take-back programs required by a number of states. Many large manufacturers and trade associations are already planning national and regional collection programs for their products. The rule does not apply to businesses that generate less than 100 kilograms of universal wastes per month (Conditionally Exempt Small Quantity Generators). EPA encourages these businesses to participate voluntarily in collection and recycling programs by bringing these wastes to collection centers for proper treatment and disposal.

HOW IT AFFECTS BUSINESS Many industries strongly support this rule because they have identified easy collection of universal wastes as a priority to ensure sound environmental management. This rule makes it easier for companies to establish collection programs and participate in manufacturer take-back programs required by a number of states. Many large manufacturers and trade associations have established national and regional collection programs for their products. The rule does not apply to businesses that generate less than 100 kilograms of universal wastes per month Conditionally Exempt Small Quantity Generators. WHO IS AFFECTED BY THIS RULE? Many industries strongly support this rule because they have identified easy collection of universal wastes as a priority to ensure sound environmental management. This rule makes it easier for companies to establish collection programs and participate in manufacturer take-back programs required by a number of states. Many large manufacturers and trade associations have established national and regional collection programs for their products. The rule does not apply to businesses that generate less than 100 kilograms of universal wastes per month (Conditionally Exempt Small Quantity Generators). EPA encourages these businesses to participate voluntarily in collection and recycling programs by bringing these wastes to collection centers for proper treatment and disposal.

HANDLERS AND GENERATORS A handler is a person who generates, or creates, universal waste. This is a person who uses batteries, lamps, pesticides, or thermostats and who eventually decides that they are no longer usable and thus are waste. or A handler is a person who receives universal waste from generators or other handlers, consolidates the waste, and then sends it on to other handlers, recyclers, or treatment/disposal facilities. Universal waste handlers accumulate universal waste, but do not treat, recycle, or dispose of the waste. TWO TYPES OF HANDLERS There are two types of handlers of universal waste. The first type of handler is a person who generates, or creates, universal waste. This is a person who uses batteries, lamps, pesticides, or thermostats and who eventually decides that they are no longer usable and thus are waste. Contractors or repair people who decide that batteries, lamps, or thermostats are no longer usable and remove them from service also generate universal waste, and thus are handlers of universal waste. The second type of handler is a person who receives universal waste from generators or other handlers, consolidates the waste, and then sends it on to other handlers, recyclers, or treatment/disposal facilities. Universal waste handlers accumulate universal waste, but do not treat, recycle, or dispose of the waste. Each separate location (e.g., generating location or collecting location) is considered a separate universal waste handler. Thus, if one company has several locations at which universal waste is generated or collected, each location is a separate handler.

SMALL QUANTITY HANDLERS Small Quantity Handlers of Universal Waste (handles less than 5,000 kg or 11,000 lbs of total universal wastes (hazardous batteries, certain hazardous pesticides, hazardous thermostats, or hazardous lamps, calculated collectively) on site at any time) Requirements include packaging in a way to minimize breakage; immediately cleaning up any leaks or spills; and properly labeling containers. Small Quantity Handlers Small Quantity Handlers of Universal Waste (handles less than 5,000 kg or 11,000 lbs of total universal wastes (hazardous batteries, certain hazardous pesticides, hazardous thermostats, or hazardous lamps, calculated collectively) on site at any time): Requirements include packaging in a way to minimize breakage; immediately cleaning up any leaks or spills; and properly labeling containers.

LARGE QUANTITY HANDLERS Large Quantity Handlers of Universal Waste (handles 5,000 kg or 11,000 lbs or more of total universal wastes on site at any time) Requirements include EPA notification; packaging in a way to minimize breakage; immediately cleaning up any leaks or spills; properly labeling containers; and complying with recordkeeping and reporting requirements. Large Quantity Handlers Large Quantity Handlers of Universal Waste (handles 5,000 kg or 11,000 lbs or more of total universal wastes on site at any time): Requirements include EPA notification; packaging in a way to minimize breakage; immediately cleaning up any leaks or spills; properly labeling containers; and complying with recordkeeping and reporting requirements.

NOTIFICATION Small quantity generators DO NOT have to notify EPA of their universal waste activities. They also are not required to obtain an EPA identification number. Large quantity generators ARE REQUIRED to notify EPA of their universal waste activities and to obtain an EPA identification number. Non-contiguous property is viewed as a separate site. DO NOT add quantities from separate sites. Notification 40 CFR 273.12 does not require small quantity handlers of universal waste to notify EPA of their universal waste activities. They also are not required to obtain an EPA identification number. 40 CFR 273.32 does require require large quantity handlers of universal waste to notify EPA of their universal waste activities and to obtain an EPA identification number. Non-contiguous property is viewed as a separate site. Thus, a person who owns or operates two or more universal waste management facilities located on pieces of property which are non-contiguous should not add together the quantities of all universal waste accumulated at all of his facilities to determine if the amount exceeds the 5000 kilogram cut-off level. Owners or operators should consider each facility separately and is responsible for calculating the quantity of universal waste at each facility separately. If the 5,000 kg cut-off level is exceeded for the universal waste accumulated at one facility, he would be required to notify EPA of his universal waste activities. If the quantity of universal waste at this facility is less than the 5,000 kg cut-off, notification would not be necessary.

LABELING For Batteries, they are to be marked: Universal waste batteries (i.e., each battery), or A container in which the batteries are contained, must be labeled or marked clearly with any one of the following phrases: “Universal Waste--Battery(ies)”, or “Waste Battery(ies)” or “Used Battery(ies)”. Labeling and Marking A handler of universal waste must label or mark the universal waste to identify the type of universal waste. For Batteries, they are to be marked: (a) Universal waste batteries (i.e., each battery), or a container in which the batteries are contained, must be labeled or marked clearly with any one of the following phrases: ``Universal Waste--Battery(ies), or ``Waste Battery(ies),'' or ``Used Battery(ies);''

LABELING Pesticides are to be marked: The label that was on or accompanied the product as sold or distributed; and The words “Universal Waste-Pesticide(s)” or “Waste Pesticide(s)”. Labeling and Marking Pesticides A container, (or multiple container package unit), tank, transport vehicle or vessel in which recalled universal waste pesticides as described in 40 CFR 273.3(a)(1) are contained must be labeled or marked clearly with: (1) The label that was on or accompanied the product as sold or distributed; and (2) The words ``Universal Waste-Pesticide(s)'' or ``Waste Pesticide(s).'‘

LABELING Thermostats are to be marked: Each thermostat or a container in which the thermostats are contained, must be labeled or marked clearly with any one of the following phrases: “Universal Waste--Mercury Thermostat(s)” or “Waste Mercury Thermostat(s)” or “Used Mercury Thermostat(s)”. Labeling and Marking Thermostats Universal waste thermostats (i.e., each thermostat), or a container in which the thermostats are contained, must be labeled or marked clearly with any one of the following phrases: ``Universal Waste--Mercury Thermostat(s),'' or ``Waste Mercury Thermostat(s),'' or ``Used Mercury Thermostat(s)''.

LABELING Individual waste lamps or containers must clearly state one of the following: “Universal Waste Lamps” or “Waste Lamps” or “Used Lamps”. Labeling and Marking Individual waste lamps or containers must clearly state one of the following: "Universal Waste Lamps" "Waste Lamps" "Used Lamps"

PROHIBITIONS Disposal - handlers are prohibited from diluting or disposing of universal waste, except for a provision allowing farmers to dispose of waste pesticides for their own use on their own farms. Treatment – handlers are prohibited from treating waste, except by removing electrolytes from batteries, volume reduction for lamps, or responding to releases. Shipment - handlers were prohibited from sending or taking universal waste to a place other than a consolidation point, destination facility, or foreign destination. Prohibitions There are three prohibitions that were applicable to generators, transporters, and consolidation points managing universal waste. Disposal - handlers are prohibited from diluting or disposing of universal waste, except for a provision allowing farmers to dispose of waste pesticides for their own use on their own farms. Treatment - handlers are prohibited from treating waste, except by removing electrolytes from batteries, volume reduction for lamps, or responding to releases. Shipment - handlers were prohibited from sending or taking universal waste to a place other than a consolidation point, destination facility, or foreign destination.

ACCUMULATION TIME LIMITS A 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, The exception to the above is unless 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 handler 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. Accumulation time limits. A 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, unless 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 handler 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.

ACCUMULATION TIME LIMITS Placing the universal waste in a container and marking or labeling the container with the earliest date. Marking or labeling each individual item Maintaining an inventory system on-site that identifies the date each universal waste became a waste Maintaining an inventory system on-site that identifies the earliest date that any universal waste in a group of universal waste items or a group of containers of universal waste became a waste or was received Placing the universal waste in a specific accumulation area and identifying the earliest date that any universal waste in the area became a waste or was received; or Any other method which clearly demonstrates the length of time of accumulation. Accumulation time limits. The handler may make this demonstration by: Placing the universal waste in a container and marking or labeling the container with the earliest date that any universal waste in the container became a waste or was received; Marking or labeling each individual item of universal waste (e.g., each battery or thermostat) with the date it became a waste or was received; (3) Maintaining an inventory system on-site that identifies the date each universal waste became a waste or was received; (4) Maintaining an inventory system on-site that identifies the earliest date that any universal waste in a group of universal waste items or a group of containers of universal waste became a waste or was received; (5) Placing the universal waste in a specific accumulation area and identifying the earliest date that any universal waste in the area became a waste or was received; or (6) Any other method which clearly demonstrates the length of time that the universal waste has been accumulated from the date it becomes a waste or is received.

EMPLOYEE TRAINING Both large and small quantity handlers of universal waste must inform all employees who handle or have responsibility for managing universal waste. The information must describe proper handling and emergency procedures appropriate to the type(s) of universal waste handled at the facility. Employee training. Both large and small quantity handlers of universal waste must inform all employees who handle or have responsibility for managing universal waste. The information must describe proper handling and emergency procedures appropriate to the type(s) of universal waste handled at the facility.

RESPONSE TO RELEASES A handler of universal waste must immediately contain all releases of universal wastes and other residues from universal wastes. A handler of universal waste must determine whether any material resulting from the release is hazardous waste, and if so, must manage it as a hazardous waste in compliance with all applicable requirements of 40 CFR parts 260 through 272. The handler is considered the generator of the material resulting from the release, and is subject to 40 CFR part 262. Response to Releases A handler of universal waste must immediately contain all releases of universal wastes and other residues from universal wastes. A handler of universal waste must determine whether any material resulting from the release is hazardous waste, and if so, must manage it as a hazardous waste in compliance with all applicable requirements of 40 CFR parts 260 through 272. The handler is considered the generator of the material resulting from the release, and is subject to 40 CFR part 262.

OFF-SITE SHIPMENTS Prohibited from sending or taking universal waste to a place other than another universal waste handler, a destination facility, or a foreign destination. If a handler of universal waste self-transports universal waste off-site, the handler becomes a universal waste transporter. If a universal waste meets the definition of hazardous materials, a handler of universal waste must package, label, mark and placard the shipment, and prepare the proper shipping papers. Prior to sending a shipment of universal waste, the originating handler must ensure that the receiving handler agrees to receive the shipment. Off-Site Shipments A handler of universal waste is prohibited from sending or taking universal waste to a place other than another universal waste handler, a destination facility, or a foreign destination. If a handler of universal waste self-transports universal waste off-site, the handler becomes a universal waste transporter for those self-transportation activities and must comply with the transporter requirements of subpart D of this part while transporting the universal waste. If a universal waste being offered for off-site transportation meets the definition of hazardous materials under 49 CFR parts 171 through 180, a 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; Prior to sending a shipment of universal waste to another universal waste handler, the originating handler must ensure that the receiving handler agrees to receive the shipment.

OFF-SITE SHIPMENTS If a universal waste shipment is rejected by the destination facility, the originating handler must either: (1) Receive the waste back after the shipment has been rejected, or (2) Agree with the receiving handler on a destination facility to which the shipment will be sent. If a shipment containing universal waste, or a portion of a shipment containing universal waste is rejected, the receiving handler must: (1) Send the shipment back to the originating handler, or (2) If agreed to by both the originating and receiving handler, send the shipment to a destination facility. Off-Site Shipments If a handler of universal waste sends a shipment of universal waste to another handler or to a destination facility and the shipment is rejected by the receiving handler or destination facility, the originating handler must either: (1) Receive the waste back after the shipment has been rejected, or (2) Agree with the receiving handler on a destination facility to which the shipment will be sent. A 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 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. The handler must: (1) Send the shipment back to the originating handler, or (2) If agreed to by both the originating and receiving handler, send the shipment to a destination facility.

OFF-SITE SHIPMENTS If a 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. If a handler of universal waste receives a shipment of non-hazardous, non-universal waste, the handler may manage the waste in any way that is in compliance with applicable federal, state or local solid waste regulations. Off-Site Shipments If a 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. If a handler of universal waste receives a shipment of non-hazardous, non-universal waste, the handler may manage the waste in any way that is in compliance with applicable federal, state or local solid waste regulations.

TRACKING A small quantity handler of universal waste is not required to keep records of shipments of universal waste. Large quantity handlers of universal waste must keep a receipt of shipments received. The record may take the form of a log, invoice, manifest, bill of lading, or other shipping document. Tracking Universal Waste Shipments A small quantity handler of universal waste is not required to keep records of shipments of universal waste. For Large Quantity Handlers of Universal Waste, the following tracking requirements apply: Receipt of shipments. A large quantity handler of universal waste 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. The record for each shipment of universal waste received must include the following information: (1) The name and address of the originating universal waste handler or foreign shipper from whom the universal waste was sent; (2) The quantity of each type of universal waste received (e.g., batteries, pesticides, thermostats); (3) The date of receipt of the shipment of universal waste.

TRACKING Shipments off-site. Large quantity handlers of universal waste must keep a record of each shipment of universal waste sent from the handler to other facilities. The record may take the form of a log, invoice, manifest, bill of lading or other shipping document. Record retention. A large quantity handler of universal waste must retain the records for at least three years from the date of receipt of a shipment of universal waste. (2) A large quantity handler of universal waste must retain the records for at least three years from the date a shipment of universal waste left the facility. Tracking For Large Quantity Handlers of Universal Waste, the following tracking requirements apply: Shipments off-site. A large quantity handler of universal waste must keep a record of each shipment of universal waste sent from the handler to other facilities. The record may take the form of a log, invoice, manifest, bill of lading or other shipping document. The record for each shipment of universal waste sent must include the following information: (1) The name and address of the universal waste handler, destination facility, or foreign destination to whom the universal waste was sent; (2) The quantity of each type of universal waste sent (e.g., batteries, pesticides, thermostats); (3) The date the shipment of universal waste left the facility. Record retention. (1) A large quantity handler of universal waste must retain the records for at least three years from the date of receipt of a shipment of universal waste. (2) A large quantity handler of universal waste must retain the records for at least three years from the date a shipment of universal waste left the facility.

EXPORTS A handler of universal waste who sends universal waste to a foreign destination must: (a) Comply with the requirements applicable to a primary exporter (b) Export such universal waste only upon consent of the receiving country and in conformance with the EPA Acknowledgement of Consent; and (c) Provide a copy of the EPA Acknowledgement of Consent for the shipment to the transporter transporting the shipment for export. Exports. A handler of universal waste who sends universal waste to a foreign destination must: (a) Comply with the requirements applicable to a primary exporter in 40 CFR 262.53, 262.56(a)(1) through (4), (6), and (b) and 262.57; (b) Export such universal waste only upon consent of the receiving country and in conformance with the EPA Acknowledgement of Consent as defined in subpart E of part 262 of this chapter; and (c) Provide a copy of the EPA Acknowledgement of Consent for the shipment to the transporter transporting the shipment for export.

RECYCLING VS. DISPOSAL Under the Universal Waste Rule, all universal wastes must go to a destination facility for any treatment, recycling, or disposal. Land disposal restrictions, including the treatment standards, are fully applicable to destination facilities. Except for pesticides that are disposed of by incineration, recycling of the other three types of universal wastes is actually mandatory because of land disposal restrictions. Disposal sites must use the best demonstrated available technology (BDAT). Recycling vs. Disposal Under the Universal Waste Rule, all universal wastes must go to a destination facility for any treatment, recycling, or disposal. Land disposal restrictions, including the treatment standards, are fully applicable to destination facilities. Thus, except for pesticides that are disposed of by incineration, recycling of the other three types of universal wastes is actually mandatory. EPA notes that in cases such as these, the land disposal restrictions program has been used to require recycling for particular hazardous wastes where it has been determined to be the best demonstrated available technology (BDAT). These requirements continue to apply under the universal waste regulations.

TRANSPORTERS The following are requirements of transporters: must not dispose of universal waste must not dilute or treat except to respond to spills must comply with Department of Transportation regulations are not required to use manifests may keep universal waste at transfer facilities up to 10 days must respond to releases must only transport universal waste to a universal waste handler, destination facility or foreign destination must comply with export requirements for foreign shipments Transporters of Universal Waste A universal waste transporter is defined as ``a person engaged in the off-site transportation of universal waste by air, rail, highway, or water.'' The following are requirements of transporters: must not dispose of universal waste must not dilute or treat except to respond to spills must comply with Department of Transportation regulations are not required to use manifests may keep universal waste at transfer facilities for up to 10 days must respond to releases; spill residue may be required to be managed as a hazardous waste must only transport universal waste to a universal waste handler, destination facility or foreign destination must comply with export requirements for foreign shipments

DESTINATION FACILITIES A destination facility means a facility that treats, disposes of, or recycles a particular category of universal waste. The following are requirements for destination facilities: must comply with hazardous waste storage, treatment or disposal facility permitting must comply with recycling facility requirements only if no storage occurs must send waste off-site only to another destination facility or a foreign destination must keep records Destination Facilities A destination facility means a facility that treats, disposes of, or recycles a particular category of universal waste. The following are requirements for destination facilities: must comply with hazardous waste storage, treatment or disposal facility permitting must comply with recycling facility requirements only if no storage occurs must send waste off-site only to another destination facility or a foreign destination must keep records of shipments received, transferred, and wastes disposed

BATTERIES EPA has defined battery to mean 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 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. Batteries such as nickel-cadmium (Ni-Cd) and small, sealed lead-acid batteries found in electronic equipment, mobile telephones, portable computers and emergency backup lighting. Large lead-acid car batteries are NOT considered Universal Wastes. Batteries EPA has defined battery to mean 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. Batteries such as nickel-cadmium (Ni-Cd) and small, sealed lead-acid batteries found in electronic equipment, mobile telephones, portable computers and emergency backup lighting. Large lead-acid car batteries are NOT considered Universal Wastes.

BATTERIES A handler of universal waste must manage universal waste batteries in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows: 1. A handler of universal waste must contain any universal waste battery 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, compatible with the contents of the battery, and must lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions. Batteries A handler of universal waste must manage universal waste batteries in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows: 1. A handler of universal waste must contain any universal waste battery 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, compatible with the contents of the battery, and must lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.

BATTERIES 2. A handler of universal waste may conduct the following activities as long as the casing of each individual battery cell is not breached and remains intact and closed: (i) Sorting batteries by type (ii) Mixing battery types in one container (iii) Discharging batteries so as to remove the electric charge (iv) Regenerating used batteries (v) Disassembling batteries or battery packs into individual batteries or cells (vi) Removing batteries from consumer products (vii) Removing electrolyte from batteries Batteries 2. A handler of universal waste may conduct the following activities as long as the casing of each individual battery cell is not breached and remains intact and closed (except that cells may be opened to remove electrolyte but must be immediately closed after removal): (i) Sorting batteries by type; (ii) Mixing battery types in one container; (iii) Discharging batteries so as to remove the electric charge; (iv) Regenerating used batteries; (v) Disassembling batteries or battery packs into individual batteries or cells; (vi) Removing batteries from consumer products; or (vii) Removing electrolyte from batteries.

BATTERIES 3. A small quantity handler of universal waste who removes electrolyte from batteries, or who generates other solid waste, must determine whether the electrolyte and/or other solid waste exhibit a characteristic of hazardous waste. If the electrolyte and/or other solid waste exhibit a characteristic of hazardous waste, it is subject to all applicable requirements of hazardous waste handling. If the electrolyte or other solid waste is not hazardous, the handler may manage the waste in any way that is in compliance with applicable federal, state or local solid waste regulations. Batteries 3. A small quantity handler of universal waste who removes electrolyte from batteries, or who generates other solid waste (e.g., battery pack materials, discarded consumer products), must determine whether the electrolyte and/or other solid waste exhibit a characteristic of hazardous waste identified in 40 CFR part 261, subpart C. (i) If the electrolyte and/or other solid waste exhibit a characteristic of hazardous waste, it is subject to all applicable requirements of hazardous wastes found in 40 CFR parts 260 through 272. The handler is considered the generator of the hazardous electrolyte and/or other waste and is subject to 40 CFR part 262. (ii) If the electrolyte or other solid waste is not hazardous, the handler may manage the waste in any way that is in compliance with applicable federal, state or local solid waste regulations.

PESTICIDES EPA has defined pesticide to mean 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, other than any article that: (a) Is a new animal drug under FFDCA section 201(w) (b) Is an animal drug that has been determined by regulation of the Secretary of Health and Human Services not to be a new animal drug (c) Is an animal feed under FFDCA section 201(x) that bears or contains any substances described by paragraph (a) or (b) of this section Pesticides EPA has defined pesticide to mean 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, other than any article that: (a) Is a new animal drug under FFDCA section 201(w), or (b) Is an animal drug that has been determined by regulation of the Secretary of Health and Human Services not to be a new animal drug, or (c) Is an animal feed under FFDCA section 201(x) that bears or contains any substances described by paragraph (a) or (b) of this section.

PESTICIDES A handler of universal waste must manage universal waste pesticides in a way that prevent releases of any universal waste or component of a universal waste to the environment. The universal waste pesticides must be contained in one or more of the following: (1) A container that remains closed, structurally sound, compatible with the pesticide, and that lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions; Pesticides A handler of universal waste must manage universal waste pesticides in a way that prevent releases of any universal waste or component of a universal waste to the environment. The universal waste pesticides must be contained in one or more of the following: (1) A container that remains closed, structurally sound, compatible with the pesticide, and that lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions; or (see next slide).

PESTICIDES (2) A container that does not meet the closed and structurally sound requirements, provided that the unacceptable container is overpacked in a container that does meet the closed and structurally sound requirements; or Pesticides (2) A container that does not meet the closed and structurally sound requirements, provided that the unacceptable container is overpacked in a container that does meet the closed and structurally sound requirements; or

PESTICIDES (3) A tank that meets the requirements of 40 CFR part 265 subpart J, except for 40 CFR 265.197(c), 265.200, and 265.201; or (4) A transport vehicle or vessel that is closed, structurally sound, compatible with the pesticide, and that lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions. Pesticides (3) A tank that meets the requirements of 40 CFR part 265 subpart J, except for 40 CFR 265.197(c), 265.200, and 265.201; or (4) A transport vehicle or vessel that is closed, structurally sound, compatible with the pesticide, and that lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.

THERMOSTATS EPA has defined thermostat to mean 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 temperature control devices. Thermostats EPA has defined thermostat to mean 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 temperature control devices.

THERMOSTATS A handler of universal waste must manage universal waste thermostats in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows: (1) A small quantity handler of universal waste must contain any universal waste 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, compatible with the contents of the thermostat, and must lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions. Thermostats A handler of universal waste must manage universal waste thermostats in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows: (1) A small quantity handler of universal waste must contain any universal waste 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, compatible with the contents of the thermostat, and must lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.

THERMOSTATS (2) A handler of universal waste may remove mercury containing ampules from universal waste thermostats provided the handler: (i) Removes the ampules in a manner designed to prevent breakage of the ampules; (ii) Removes ampules only over or in a containment device; (iii) Ensures that a mercury clean-up system is readily available to immediately transfer any mercury resulting from spills or leaks from broken ampules, from the containment device to a container; (iv) Immediately transfers any mercury resulting from spills or leaks from broken ampules from the containment device to a container; Continued  Thermostats (2) A handler of universal waste may remove mercury containing ampules from universal waste thermostats provided the handler: (i) Removes the ampules in a manner designed to prevent breakage of the ampules; (ii) Removes ampules only over or in a containment device (e.g., tray or pan sufficient to collect and contain any mercury released from an ampule in case of breakage); (iii) Ensures that a mercury clean-up system is readily available to immediately transfer any mercury resulting from spills or leaks from broken ampules, from the containment device to a container that meets the requirements of 40 CFR 262.34; (iv) Immediately transfers any mercury resulting from spills or leaks from broken ampules from the containment device to a container that meets the requirements of 40 CFR 262.34;

THERMOSTATS (2) Continued (v) Ensures that the area in which ampules are removed is well ventilated and monitored to ensure compliance with applicable OSHA exposure levels for mercury; (vi) Ensures that employees removing ampules are thoroughly familiar with proper waste mercury handling and emergency procedures, including transfer of mercury from containment devices to appropriate containers; (vii) Stores removed ampules in closed, non-leaking containers that are in good condition; (viii) Packs removed ampules in the container with packing materials adequate to prevent breakage during storage, handling, and transportation; Thermostats (2) (v) Ensures that the area in which ampules are removed is well ventilated and monitored to ensure compliance with applicable OSHA exposure levels for mercury; (vi) Ensures that employees removing ampules are thoroughly familiar with proper waste mercury handling and emergency procedures, including transfer of mercury from containment devices to appropriate containers; (vii) Stores removed ampules in closed, non-leaking containers that are in good condition; (viii) Packs removed ampules in the container with packing materials adequate to prevent breakage during storage, handling, and transportation; And (see next slide).

THERMOSTATS (3)(i) A small quantity handler of universal waste who removes mercury-containing ampules from thermostats must determine whether the following exhibit a characteristic of hazardous waste: (A) Mercury or clean-up residues resulting from spills or leaks; and/or (B) Other solid waste generated as a result of the removal of mercury-containing ampules. (ii) If the mercury, residues, and/or other solid waste exhibit a characteristic of hazardous waste, it must be managed in compliance with all applicable requirements (iii) If the mercury, residues, and/or other solid waste is not hazardous, the handler may manage the waste in any way that is in compliance with applicable federal, state or local solid waste regulations. Thermostats (3)(i) A small quantity handler of universal waste who removes mercury-containing ampules from thermostats must determine whether the following exhibit a characteristic of hazardous waste identified in 40 CFR part 261, subpart C: (A) Mercury or clean-up residues resulting from spills or leaks; and/or (B) Other solid waste generated as a result of the removal of mercury-containing ampules (e.g., remaining thermostat units). (ii) If the mercury, residues, and/or other solid waste exhibit a characteristic of hazardous waste, it must be managed in compliance with all applicable requirements of 40 CFR parts 260 through 272. The handler is considered the generator of the mercury, residues, and/or other waste and must manage it is subject to 40 CFR part 262. (iii) If the mercury, residues, and/or other solid waste is not hazardous, the handler may manage the waste in any way that is in compliance with applicable federal, state or local solid waste regulations.

LAMPS EPA has defined lamp or “universal waste lamp” as the bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps. Lamps EPA included certain lamps in 1999 under the Universal Waste Rule. Beginning January 6, 2000, certain lamps are covered under the rule. EPA has defined lamp or ``universal waste lamp'' as the bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps.

LAMPS A lamp is a hazardous waste if it exhibits one or more of the characteristics of a hazardous waste, as defined in 40 CFR 261. It becomes a waste lamp: (1) A used lamp becomes a waste on the date it is discarded. (2) An unused lamp becomes a waste on the date the handler decides to discard it. Lamps A lamp is a hazardous waste if it exhibits one or more of the characteristics of a hazardous waste, as defined in 40 CFR 261. It becomes a waste lamp: (1) A used lamp becomes a waste on the date it is discarded. (2) An unused lamp becomes a waste on the date the handler decides to discard it.

LAMPS A handler of universal waste must manage lamps in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows: (1) A handler of universal waste must contain any lamp in containers or packages that are structurally sound, adequate to prevent breakage, and compatible with the contents of the lamps. Such containers and packages must remain closed and must lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions. Lamps A small quantity handler of universal waste must manage lamps in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows: (1) A small quantity handler of universal waste must contain any lamp in containers or packages that are structurally sound, adequate to prevent breakage, and compatible with the contents of the lamps. Such containers and packages must remain closed and must lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.

LAMPS (2) A handler of universal waste must immediately clean up and place in a container any lamp that is broken and must place in a container any lamp that shows evidence of breakage, leakage, or damage that could cause the release of mercury or other hazardous constituents to the environment. Containers must be closed, structurally sound, compatible with the contents of the lamps and must lack evidence of leakage, spillage or damage that could cause leakage or releases of mercury or other hazardous constituents to the environment under reasonably foreseeable conditions. Lamps (2) A small quantity handler of universal waste must immediately clean up and place in a container any lamp that is broken and must place in a container any lamp that shows evidence of breakage, leakage, or damage that could cause the release of mercury or other hazardous constituents to the environment. Containers must be closed, structurally sound, compatible with the contents of the lamps and must lack evidence of leakage, spillage or damage that could cause leakage or releases of mercury or other hazardous constituents to the environment under reasonably foreseeable conditions.

LAMPS Handlers of universal waste may treat mercury-containing lamps at the site they were generated for the purpose of volume reduction. Crushing is allowed provided that the handler: Ensures that mercury clean-up material is available Immediately transfer broken tubes to a closed container; Crushes lamps in a well-ventilated area Ensures that employees crushing lamps are thoroughly familiar with proper waste mercury handling and emergency procedures; and Stores crushed tubes in closed, non-leaking containers. Lamps Handlers of universal waste may treat mercury-containing lamps at the site they were generated for the purpose of volume reduction. To minimize exposure to mercury, crushing must be performed in a unit designed to control mercury and other hazardous constituents. Crushing is allowed provided that the handler: Ensures that mercury clean-up material (e.g., vacuum, dust pan and broom, filter masks) is available to immediately transfer any material recovered from a spill to a container; Immediately transfer any broken tubes to a closed container; Crushes lamps in a well-ventilated and monitored area to ensure compliance with applicable OSHA exposure limits for mercury; Ensures that employees crushing lamps are thoroughly familiar with proper waste mercury handling and emergency procedures; and Stores crushed tubes in closed, non-leaking containers. When making a decision to crush lamps, be aware that the crushing may pose health and environmental risks because of the release of mercury vapors. In addition, lamp recyclers may prefer whole lamps over crushed ones.

LAMPS Suggested Storage Practices Companies currently storing universal waste fluorescent and HID lamps for recycling have found that the following practices work well: Spent lamps are replaced by a maintenance worker or electrical contractor, and are placed into waste storage boxes. Waste lamps can be stored in the same boxes that new lamps were shipped in or in boxes of similar size. Storage boxes are available from your lamp recycler or can be purchased from carton distributors. Boxes are kept in a designated storage area. Each box should be labeled and dated when the first tube was added to the box. Lamps Suggested Storage Practices Companies currently storing universal waste fluorescent and HID lamps for recycling have found that the following practices work well: Spent lamps are replaced by a maintenance worker or electrical contractor, and are placed into waste storage boxes. Waste lamps can be stored in the same boxes that new lamps were shipped in or in boxes of similar size. Storage boxes are available from your lamp recycler or can be purchased from carton distributors. Boxes are kept in a designated storage area. Each box should be labeled and dated when the first tube was added to the box.

TIPS FOR USING CONTRACTORS Remember, You Control Your Facility or Area! Review Procedures With Them Before Starting the Job! Ensure They Are Properly Trained! Determine Their Environmental Compliance Record! Determine Who Is in Charge of Their People! Determine How They Will Affect Your Facility’s Environmental Compliance! Remember, You Control Your Facility or Area! Do not let contractors violate the law on your property. Take time to review procedures with them before they begin the job. Ensure they are properly trained and know how to follow your businesses Best Management Practices. Before you hire them, investigate their environmental compliance record. Enforcement agencies normally will disclose violators. Before the job begins, find out who is in charge and hold them accountable for maintaining environmental compliance. Before any job begins, determine how the work will affect your facility’s environmental compliance! 88 100 82 100

ELEMENTS OF A SUCCESSFUL UNIVERSAL WASTE PROGRAM DETAILED WRITTEN UNIVERSAL WASTE INSPECTION GUIDELINES. 2. DETAILED WRITTEN UNIVERSAL BEST MANAGEMENT PRACTICES. 3. EXTENSIVE EMPLOYEE TRAINING PROGRAMS 4. PERIODIC REINFORCEMENT OF TRAINING 5. SUFFICIENT DISCIPLINE REGARDING IMPLEMENTATION 6. PERIODIC FOLLOW-UP A Successful Universal Waste Program takes work. A successful program incorporates these elements: DETAILED WRITTEN UNIVERSAL WASTE INSPECTION GUIDELINES. 2. DETAILED WRITTEN UNIVERSAL WASTE BEST MANAGEMENT PRACTICES. 3. EXTENSIVE EMPLOYEE TRAINING PROGRAMS 4. PERIODIC REINFORCEMENT OF TRAINING 5. SUFFICIENT DISCIPLINE REGARDING IMPLEMENTATION 6. PERIODIC FOLLOW-UP 89 101 83 101

THE IMPORTANCE OF A CLEAN ENVIRONMENT “I would ask all of us to remember that protecting our environment is about protecting where we live and how we live. Let us join together to protect our health, our economy, and our communities -- so all of us and our children and our grandchildren can enjoy a healthy and a prosperous life.” Carol Browner Former EPA Administrator In closing, it is important to remember the words of Carol Browner, EPA Administrator during the Clinton Administration. She said: “I would ask all of us to remember that protecting our environment is about protecting where we live and how we live. Let us join together to protect our health, our economy, and our communities -- so all of us and our children and our grandchildren can enjoy a healthy and a prosperous life.” 90 84 102 102