1. 1 INTRODUCTION TOPIC: The Universal Waste Rule is designed to encourage recycling and proper disposal of some common, widespread, hazardous wastes. RELEVANCE: To familiarize you with the concept of Universal Waste and the specific regulatory requirements applicable to business, industry and others who generate them.

2. 2 COURSE OUTLINE: Background Federal/State Regulations What is a Universal Waste? Batteries Thermostats Pesticides Lamps Universal Waste definitions Example Summary

3. 3 WHAT IS UNIVERSAL WASTE? The waste is frequently generated by a wide variety of settings other than the industrial settings usually associated with hazardous wastes; EPA chose universal to describe the nature of certain widely dispersed hazardous wastes. The term does not have any specific regulatory meaning; however, if a hazardous waste exhibits any of the following common characteristics it could be classified as a universal waste:

4. 4 WHAT IS UNIVERSAL WASTE? The waste is generated by a vast community and is in sufficient quantities to cause difficulties in managing waste properly for both the regulated community and the regulators; and (CONTINUED) The waste is present in significant volumes in the municipal solid waste stream (non-hazardous waste management systems).

5. 5 Now Includes: UNIVERSAL WASTE RULE January 6, 2000 Hazardous Waste Batteries Hazardous Pesticides Hazardous Mercury Containing Thermostats Hazardous Waste Lamps

6. 6 Hazardous Waste Batteries : such as nickel- cadmium, lead-acid, lithium, mercury-containing and button-type batteries.

7. 7 Hazardous Pesticides : which meet certain conditions for being recalled, suspended or cancelled, as defined in 374-3.

8. 8 Hazardous Mercury Containing Thermostats : temperature control devices which contain a metallic mercury ampule attached to a bimetal sensing element.

9. 9 UNIVERSAL WASTE RULE- DEFINITION Lamp : Lamp, also referred to as universal waste lamp is defined 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.

10. 10 Hazardous Waste Lamps : hazardous due to their mercury content, which include fluorescent lamps, high-intensity discharge (HID), neon, mercury vapor, high pressure sodium and metal halide lamps.

11. 11 UNIVERSAL WASTE RULE- DEFINITIONS Universal Waste Handler : Anyone that generates, manages, receives, accumulates, or sends Universal Wastes to another Universal Waste handler or to a destination facility or to a foreign destination is a Universal Waste Handler.

12. 12 UNIVERSAL WASTE RULE- DEFINITIONS Small Quantity Handler (SQH) : A Universal Waste Handler that handles less than 5,000 kilograms (11,000 pounds) of total universal wastes (all batteries, pesticides, thermostats and lamps) calculated collectively on-site at any time.

13. 13 UNIVERSAL WASTE RULE- DEFINITIONS Large Quantity Handler (LQH) : A Universal Waste Handler that handles 5,000 kilograms (11,000 pounds) or more of total universal waste on-site at any time.

14. 14 UNIVERSAL WASTE RULE- DEFINITIONS Destination Facility : These are facilities that legitimately and legally can accept Universal Wastes from off-site so they may be treated, disposed or recycled in accordance with all regulatory requirements.

15. 15 UNIVERSAL WASTE RULE- DEFINITIONS Universal Waste Transporter : Anyone that transports universal waste off-site. In New York, universal waste transporters that transport greater then 500 pounds of universal waste in a single shipment must be permitted, hazardous waste transporters, pursuant to 6NYCRR Part 364. Common carriers can transport up to 500 lbs. of universal waste in any shipment. All shipments of universal waste must be in compliance with USDOT regulations.

16. 16 WHAT ARE THE UNIVERSAL WASTE REGULATIONS? These regulations have streamlined hazardous waste management standards for universal waste batteries, pesticides, thermostats, and lamps. The regulations govern the collection and management of these widely generated wastes. This facilitates the environmentally sound collection and increases the proper recycling or treatment of these wastes. These regulations ease the regulatory burden on entities that may not generate any other hazardous wastes.

17. 17 WHAT ARE THE UNIVERSAL WASTE REGULATIONS? (Continued) Greatly reduces the quantity of these wastes going to municipal solid waste landfills or combustion units, and directs them to appropriate treatment or recycling facilities. They also allow programs, such as take-backs, by retailers and distributors, to create an easy and convenient way for consumers to properly manage these wastes.

18. 18 STEAMLINED REQUIREMENTS FOR: Notification Labeling Accumulation time limits Employee training Off-site shipments Tracking Transportation

19. 19 SMALL QUANTITY HANDLER (SQH) KEY REGULATORY REQUIREMENTS must inform all employees, who handle or have the responsibility for managing universal waste of the proper handling and emergency procedures at the facility. prohibited from sending or taking universal waste to a place other than another universal waste handler, a destination facility or foreign destination. may self transport universal waste without a Part 364 waste haulers permit as long as less then 500 lbs. of total universal waste is being shipped. Shipment of greater then 500 lbs. will require a Part 364 permit.

20. 20 SMALL QUANTITY HANDLER (SQH) KEY REGULATORY REQUIREMENTS SQH DO NOT: - need to notify EPA - need to receive an EPA identification number need to keep records of shipments (no manifests required) -

21. 21 LARGE QUANTITY HANDLER (LQH) KEY REGULATORY REQUIREMENTS Must meet all requirements for SQHs and: must notify EPA in writing and receive an EPA identification number. must keep a record of all universal waste shipments received or sent off-site, must retain those records for at least three years from the date of receipt or shipment. Records must include invoices, manifests, logs, bills or lading or other shipment documents.

22. 22 SOME MAJOR ADVANTAGES OF USING THE UNIVERSAL WASTE RULE WHEN MANAGING YOUR HAZARDOUS WASTES : Universal wastes are not counted toward your generator status, therefore there are no annual hazardous waste generator report requirements and no associated fees. Less paperwork No manifesting required May self transport or use common carrier

23. 23 Reduce the amount of hazardous waste entering the municipal solid waste stream. Encourage the recycling and proper disposal of some common hazardous wastes. Reduce the regulatory burden on businesses and other sources that generate these wastes. In summary, the Universal Waste Rule is an alternative hazardous waste regulation which helps:

24. 24 MERCURY-CONTAINING EQUIPMENT MERCURY-CONTAINING EQUIPMENT (MCE) is a new federal universal waste category. Mercury is used in several types of instruments that are common to electric utilities, municipalities and households. Some of these devices include: -Manometers -Mercury wetted switches -Thermometers -Temperature gauges -Barometers -Pressure relief gauges -Relay switches -Sprinkler system contacts -Meters -Mercury regulators

25. 25 Universal Waste Rule Mercury-Containing Equipment Added to the Federal UW Rule in August 2005 New York State is developing an Enforcement Directive to Implement the Federal Rule

26. 26 New York States Mercury-Added Consumer Products Law

27. 27 Chapter 145 Laws of 2004 Established TITLE 21 of the ECL MERCURY-ADDED CONSUMER PRODUCTS

28. 28 Chapter 145 Laws of 2004 Established TITLE 21 of the ECL MERCURY-ADDED CONSUMER PRODUCTS Adopted July 12, 2004

29. 29 Chapter 145 Laws of 2004 Established TITLE 21 of the ECL MERCURY-ADDED CONSUMER PRODUCTS Adopted July 12, 2004 Phased In July 12, 2005

30. 30 What Is Covered All Mercury-Added Consumer Products (Not specifically excluded)

31. 31 Who Is Covered * Manufacturers

32. 32 Who Is Covered * Manufacturers * Commercial Businesses

33. 33 Who Is Covered * Manufacturers * Commercial Businesses * Retail Businesses

34. 34 Who Is Covered * Manufacturers * Commercial Businesses * Retail Businesses * Schools

35. 35 Who Is Covered * Manufacturers * Commercial Businesses * Retail Businesses * Schools * Homeowners

36. 36 Who Is Covered * Manufacturers * Commercial Businesses * Retail Businesses * Schools * Homeowners * Local/State Governments

37. 37 Who Is Covered * Manufacturers * Commercial Businesses * Retail Businesses * Schools * Homeowners * Local/State Governments * The Entire Disposal Chain

38. 38 Typical Mercury-Added Products Thermostats Fever and Body Thermometers

39. 39 Switches Electrical Devices & Appliances

40. 40 Medical & Scientific Instruments

41. 41 HID and Fluorescent Lamps

42. 42 Light-Up Shoes with LED Cartridge

43. 43 Batteries (Except Button Batteries not Easily Removed) Novelty Products

44. 44 Chapter Provisions DefinitionsLabelingDisposalProhibitions Advisory Committee Labeling Regulations Exemptions Interstate Clearinghouse

45. 45 Labeling All Mercury-Added Consumer Products Sold After July 12, 2005 Must be Labeled. * Contains Mercury * Remove Hg Before Disposal * Be Conspicuous * Durable and Legible for Products Life

46. 46 Labeling, Continued Automobile Manufacturers Regulations to Allow Alternative Labeling

47. 47 Effective Dates Prohibitions * 09/04/04 Primary/Secondary Schools May Not Purchase or Use Elemental Mercury

48. 48 Effective Dates Prohibitions * 09/04/04 Primary/Secondary Schools May Not Purchase or Use Elemental Mercury * 01/01/05Manufacturers/Retailers Hg Containing Novelty Products Prohibited Hg Fever Thermometers Prohibited w/o Prescription Elemental Mercury Sales Prohibited

49. 49 Disposal No PERSON Shall: – Dispose of in Solid Waste

50. 50 Disposal No PERSON Shall: – Dispose of in Solid Waste – Except by Separate Delivery

51. 51 Disposal No PERSON Shall: – Dispose of in Solid Waste – Except by Separate Delivery – Prohibited in Resource Recovery Facility

52. 52 Disposal No PERSON Shall: – Dispose of in Solid Waste – Except by Separate Delivery – Prohibited in Resource Recovery Facility – Storage/Recycling/Disposal In Accordance with Existing Regulations In Accordance with Existing Regulations

53. 53 Exemptions From Chapter 145 –Photographic Film and Paper

54. 54 Exemptions From Chapter 145 –Photographic Film and Paper –Pharmaceutical Products

55. 55 Exemptions From Chapter 145 –Photographic Film and Paper –Pharmaceutical Products –Biological Products

56. 56 Exemptions From Chapter 145 –Photographic Film and Paper –Pharmaceutical Products –Biological Products –Over the Counter FDA Regulated Items

57. 57 Exemptions From Chapter 145 –Photographic Film and Paper –Pharmaceutical Products –Biological Products –Over the Counter FDA Regulated Items –Button Batteries

58. 58 Exemptions From Disposal –Lamps from Households

59. 59 Exemptions From Disposal –Lamps from Households –Non-Hazardous Lamps from Small Businesses

60. 60 Exemptions From Disposal –Lamps from Households –Non-Hazardous Lamps from Small Businesses Business Resident in NYS

61. 61 Exemptions From Disposal –Lamps from Households –Non-Hazardous Lamps from Small Businesses Business Resident in NYS Independently Owned & Operated

62. 62 Exemptions From Disposal –Lamps from Households –Non-Hazardous Lamps from Small Businesses Business Resident in NYS Independently Owned & Operated Not Dominant in its Field

63. 63 Exemptions From Disposal –Lamps from Households –Non-Hazardous Lamps from Small Businesses Business Resident in NYS Independently Owned & Operated Not Dominant in its Field Employing Less than 100 People

64. 64 Major Issues Became Effective July 12, 2005 Disposal Prohibitions

65. 65 Major Issues Became Effective July 12, 2005 Disposal Prohibitions Labeling Requirements

66. 66 Major Issues Became Effective July 12, 2005 Disposal Prohibitions Labeling Requirements Educational Materials

67. 67 Legislative Corrections/Additions Existing Disposal Regulations Ok Awaiting Governors Signature

68. 68 Legislative Corrections/Additions Existing Disposal Regulations Ok Product Sale Prohibitions Added (1/1/06) Awaiting Governors Signature

69. 69 Legislative Corrections/Additions Existing Disposal Regulations Ok Product Sale Prohibitions Added (1/1/06) Notification Requirements Added for MANUFACTURERS Awaiting Governors Signature

70. 70 Legislative Corrections/Additions Existing Disposal Regulations Ok Product Sale Prohibitions Added (1/1/06) Notification Requirements Added for MANUFACTURERS Elemental Mercury Atomic Mass Awaiting Governors Signature

71. 71 Legislative Corrections/Additions Existing Disposal Regulations Ok Product Sale Prohibitions Added (1/1/06) Notification Requirements Added for MANUFACTURERS Elemental Mercury Atomic Mass Minor Alternative Labeling Corrections –Still Requires Regulations Awaiting Governors Signature

72. 72 Contact Information http://www.dec.state.ny.us/website/dshm/redrecy/c145home.html Mark Moroukianmmmorouk@gw.dec.state.ny.us John Miccoli jdmiccol@gw.dec.state.ny.us Peter Pettitpmpettit@gw.dec.state.ny.us General Information sqginfo@gw.dec.state.ny.us Phone Number: (518) 402-8633 Phone Number: (518) 402-8706 Small Quantity Generator Hotline: 1-800-462-6553