UNIVERSAL
R U L it
United States
Environmental Protection
Agency
EPA530-F-95-025
February 1996
^Recycled/Recyclable
Printed on paper that contains at least 20 percent postconsumer fiber.
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THE UNIVERSAL WASTE RULE
HAS UNIVERSAL APPEAL! IT...
WHAT ARE UNIVERSAL WASTES?
Eases regulatory burdens on businesses.
Promotes proper recycling or disposal of
hazardous waste batteries, pesticides, and
thermostats, which will reduce the amount
of hazardous waste items in the municipal
solid waste stream.
Provides for collection opportunities for
communities and businesses.
REINVENTING ENVIRONMENTAL
REGULATIONS
As part of the U.S. Environmental Protection
Agency's (EPA's) commitment to reinvent environ-
mental regulations, the Agency recently issued the
"Universal Waste Rule." This rule is designed to
reduce the amount of hazardous waste items in the
municipal solid waste (MSW) stream, encourage
recycling and proper disposal of certain common
hazardous wastes, and reduce the regulatory bur-
den on businesses that generate these wastes.
By reducing administrative requirements, this
rule is expected to save companies more than $70
million per year in compliance costs and reduce
the amount of time spent on paperwork require-
ments by over 500,000 hours per year. Admin-
istrative reductions also would help encourage
collection and recycling programs, thereby
reducing the amount of these common hazardous
items that are thrown into the trash by households
and small businesses. Removing these materials
from municipal landfills and incinerators will pre-
vent a potential threat to public health and the
environment.
This rule was promulgated by EPA as an amend-
ment 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.
Universal wastes include:
Batteries, such as nickel-cadmi-
um (Ni-Cd) and small sealed
lead-acid batteries, which are
found in many common items in
the business and home setting,
including electronic equipment,
mobile telephones, portable com-
puters, and emergency backup
lighting.
Agricultural pesticides that have'
been recalled or banned from use,
are obsolete, have become dam-
aged, or are no longer needed due
to changes in cropping patterns or
other factors. They often are
stored for long periods of time in
sheds or barns.
Thermostats, which can contain
as much as 3 grams of liquid mer-
cury and are located in almost any
building, including commercial,
industrial, agricultural, communi-
ty, and household buildings.
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 materi-
als 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 compa-
nies to obtain a manifest.
Many industries strongly support this new rule
because they have identified easy collection of uni-
versal wastes as a priority to ensure sound envi-
ronmental management. This rule will make it
easier for companies to establish collection pro-
grams 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 gen-
erate 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.
Households. Universal wastes also are generated
by individual households, which are not regulated
under RCRA and are allowed to dispose of these
wastes in the trash. While new MSW landfills are
designed to handle small amounts of hazardous
wastes, these wastes can be better man-
aged in a designated program for collec-
tion or recycling. EPA encourages resi-
dents to take these items to collection
sites located at nearby businesses and
other centers for proper recycling or disposal.
Communities. Communities in states that adopt
this rule can work with both businesses and resi-
dents to facilitate proper recycling or disposal of
universal wastes. By easing the regulatory burden
on businesses, more collection sites will be avail-
able. Communities can establish collection
programs or assist collection programs set up
by area businesses.
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WHAT Is THE STATES' ROLE?
Like most federal environmental legislation,
RCRA encourages states to develop and run
their own hazardous waste programs as an alter-
native 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 strin-
gent than the current requirements under
RCRA, state adoption is optional. EPA strongly
encourages state adoption, however, to foster
better management of universal wastes in each
state. Quick state adoption will make interstate
issues less complex. Consistent programs among
states will facilitate implementation of national
and regional collection programs.
States may adopt the entire rule or portions of
it, including:
• General provisions
• Provisions for batteries, pesticides, and
thermostats
• Provisions allowing the addition of new
universal wastes
If states adopt the petition provision, they will
be allowed to add wastes to their universal waste
programs without EPA having to add the wastes
at the federal level. The rule will go into effect
immediately in states and territories that are not
RCRA-authorized including Iowa, Alaska,
Hawaii, and Puerto Rico. State adoption is
strongly encouraged.
FOR MORE INFORMATION
The rule was published in the May 11, 1995,
Federal Register and is found in the Code of
Federal Regulations at 40 CFR Part 273. For
more information about the rule, call the
RCRA/Superfund Hotline at 800 424-9346 or
TDD 800 553-7672. In the Washington, DC,
area, call 703 412-9810 or TDD 703 412-3323.
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