WELCOME

1. UNIVERSAL WASTE RULE CUSTOMIZED ENVIRONMENTAL TRAINING WELCOME

2. INSTRUCTOR Insert Instructor Name Here

3. 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.

4. 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.

5. 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.

6. LEARNERS • Supervisors • Facility Engineers • Maintenance Personnel • Department Managers • Building Occupants • Process Specialists • Environmental and Safety Committees

7. 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.

8. 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.

9. RCRA addresses both hazardous waste and solid waste. RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)

10. Pertinent Regulations: 40 CFR 273 – Universal Waste Regulations FEDERAL REGULATIONS

11. 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. STATES’ ROLE

12. 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. WHY THE UNIVERSAL WASTE RULE

13. 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

14. 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

15. 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 HOW IT AFFECTS BUSINESS

16. 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. HOW IT AFFECTS BUSINESS

17. 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. HANDLERS AND GENERATORS

18. 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

19. 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

20. 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

21. 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

22. 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

23. 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

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

25. 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

26. 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

27. 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

28. 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

29. 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

30. 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

31. 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

32. 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

33. 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

34. 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

35. 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

36. 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

37. 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

38. 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

39. 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

40. 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

41. 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

42. 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

43. 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

44. 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

45. (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

46. (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

47. 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

48. 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

49. (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

50. (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