Hazardous Waste

Universal Waste

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Overview of the Universal Waste Program

this is a picture of six Code of Federal Regulation books that are all different colors stacked on top of each other in a fanned out arrayEPA’s universal waste regulations streamline the hazardous waste management standards for certain categories of hazardous waste that are commonly generated by a wide variety of establishments. The streamlined regulations:

  • promote the collection and recycling of universal waste,
  • ease the regulatory burden on retail stores and other generators that wish to collect these wastes and transporters of these wastes, and
  • encourage the development of municipal and commercial programs to reduce the quantity of these wastes going to municipal solid waste landfills or combustors.

The federal universal waste regulations are found in Title 40 of the Code of Federal Regulations (CFR) in part 273 and apply to four types of universal waste:

  • Batteries
  • Pesticides
  • Mercury-Containing Equipment
  • Mercury Lamps

There are also four types of regulated participants in the universal waste system:

  • Small quantity handlers of universal waste,
  • Large quantity handlers of universal waste,
  • Universal waste transporters and
  • Universal waste destination facilities.

In general, materials managed as universal waste can be stored for a year and are not required to be shipped with a manifest. In addition, universal wastes do not need to be counted toward a generator’s category for the purpose of determining whether it is a conditionally-exempt small quantity generator, small quantity generator, or large quantity generator. The universal waste regulations do require that the materials be managed in a way to prevent releases to the environment and tailors those requirements to each type of universal waste (for small quantity handlers and for large quantity handlers). Finally, the standards also include labeling, a requirement to respond to releases, and transport to a facility that is permitted or otherwise designated for receiving hazardous waste, like a recycler.

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Types of Federal Universal Waste

The federal regulations identify four specific categories of materials that can be managed as universal wastes: batteries, pesticides, mercury-containing equipment and mercury lamps. The part 273 regulations define the type of materials that fall under the universal waste categories and specify in what situations that material can be considered a universal waste.

Click on each of the materials below to learn more about each universal waste category:

  • Batteries

    40 CFR section 273.9 defines a battery as 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.

    this is a picture of a large batterySome batteries meet the above definition but are not universal wastes. These include spent lead-acid batteries that are being managed under the requirements of 40 CFR part 266 subpart G; batteries that are not waste because they have not been discarded; and batteries that are not hazardous waste. See 40 CFR section 273.2 for more information about universal waste batteries.

  • Pesticides

    this is a picture of various pesticides40 CFR part 273.9 defines a pesticide as 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, with the exception of any that is (a) a new animal drug under FFDCA section 201(w), or (b) 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) an animal feed under FFDCA section 201(x) that bears or contains any substances described by either (a) or (b).

    The universal waste regulations can be used to manage pesticides that have been recalled if they are either stocks of a suspended and canceled pesticide that are part of a voluntary or mandatory recall under FIFRA Section 19(b) (including, but not limited to those owned by the registrant responsible for conducting the recall) or if they are stocks of a suspended or canceled pesticide, or a pesticide that is not in compliance with FIFRA, that are part of a voluntary recall by the registrant. Universal waste can also be used to manage stocks of other unused pesticide products that are collected and managed as part of a waste pesticide collection program.

    • A recalled pesticide becomes a waste on the first date upon which both of the following conditions apply: (i) the generator of the recalled pesticide agrees to participate in the recall; and (ii) the person conducting the recall decides to discard the recalled materials (e.g., burn the pesticide for energy recovery).
    • Note that the universal waste requirements apply only in the situation of a recall, suspension, or cancellation described above or when collected as part of a waste pesticide collection program. Hazardous waste pesticides that do not fit into these categories must be managed under the requirements in parts 260 through 272 or in compliance with 40 CFR 262.70 (link), which addresses pesticides disposed on a farmer’s own farm in a manner consistent with the disposal instructions on the label when the container is triple rinsed.
    • The universal waste requirements do not apply to pesticides that are not wastes or are not hazardous wastes

    See 40 CFR section 273.3 for more information about universal waste pesticides. For more information on waste disposal programs, see the Requirements for Pesticide Disposal Web page.

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U.S. State Universal Waste Programs

Adopting the Federal Program

The universal waste regulations can vary from state to state in the United States. The majority of states have adopted the full federal universal waste program, however, others have only adopted some of the federal universal wastes. A state does not have to include all of the federal universal wastes when they adopt the universal waste regulations. If a state doesn’t adopt a certain universal waste and the waste meets the definition of a hazardous waste, then it must be managed as a hazardous waste in that state. Learn more about state adoption and universal waste.

State-Specific Universal Wastes

Additionally, states may add additional universal wastes to the state's universal waste program. Below is a table that lists some common materials that certain states regulate as universal waste. A more detailed list of state-specific universal wastes and more information about state additions are available on our U.S. State Universal Waste Programs Web page.

Materials Classified as Universal Waste in Some States

Corresponding State

Aerosol Cans

California, Colorado

Antifreeze

Louisiana, New Hampshire

Ballasts

Maine, Maryland, Vermont

Barometers

New Hampshire, Rhode Island

Cathode Ray Tubes (CRTs)

Maine, New Hampshire, Rhode Island

Electronics

Arkansas, California, Colorado, Connecticut, Louisiana, Michigan, Nebraska, New Jersey

Oil-Based Finishes

New Jersey

Paint and Paint-Related Wastes

Texas

Hazardous Waste Pharmaceuticals

Florida, Michigan

Note: The list above is not comprehensive.

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