The "Universal Waste Rule" has Universal Appeal. It...
1. Eases the regulatory burden on businesses.
2. Promotes proper recycling or disposal of hazardous waste batteries, pesticides, thermostats and spent lamps.
3. Provides for collection opportunities for small businesses and communities.
Reducing Environmental Regulations
Kentucky adopted the federal "Universal Waste Rule" on March 12, 1997. The "Universal Waste Rule" is designed to encourage recycling and proper disposal of some common hazardous wastes, and reduce the regulatory burden on businesses that generate these wastes.
By reducing administrative requirements, this rule is expected to save companies in compliance costs and reduce the amount of time spent on paperwork. The rule is expected to encourage collection and recycling programs, making opportunities available to households and small businesses to remove these wastes from their garbage.
What are Universal Wastes?
Universal wastes include:
1. 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.
2. Pesticides that have been recalled or banned from use, are obsolete, have become damaged, or are no longer needed due to changes in cropping patterns or other factors. These have often been stored for long periods of time in sheds or barns.
3. Thermostats, which can contain as much as three grams of liquid mercury and are found in homes and commercial, industrial, agricultural and community buildings.
4. Spent lamps, which include incandescent, fluorescent, high pressure sodium, mercury vapor, metal halide, high intensity discharge (HID), and neon bulbs or tubes. Unlike the federal Environmental Protection Agency, Kentucky identifies spent lamps as a universal waste.
Who is affected by this rule?
Businesses. Universal wastes are generated by small and large businesses. In the past, companies have been required to handle universal wastes as hazardous. The Universal Waste Rule eases the regulatory burden on businesses that generate these wastes by streamlining the administrative requirements. For example, the rule extends the amount of time that businesses can accumulate universal wastes on-site to a year or more, as explained below. It also allows companies to transport them with a common carrier, instead of a hazardous waste transporter, and it no longer requires companies to prepare a manifest.
Easy collection of universal wastes is a priority to ensure sound environmental management. This rule will make it simpler for companies to establish collection programs and participate in manufacturer take-back programs. Many large manufacturers and trade associations are already planning national and regional collection programs for their products.
The rule does not apply to any business that generates less than 100 kilograms (220 pounds) of universal wastes per month as a Conditionally Exempt Small Quantity Generator. However, Kentucky encourages these small businesses to participate voluntarily in recycling programs by bringing their wastes to collection centers.
Households. Universal wastes may be generated by individuals. Households are not subject to hazardous waste management standards and are allowed to dispose of these wastes with their trash. Although Kentucky's solid waste landfills are designed to handle the small amounts of hazardous waste from homeowners, these wastes can be better managed in a designated program for recycling. Kentucky encourages residents to take their universal wastes to local collection centers for recycling or disposal.
Communities. Local communities can work with both businesses and residents to encourage proper recycling or disposal of universal wastes. By easing the regulatory burden on businesses, more collection centers will be available. Communities can establish collection programs or help local businesses set up collection programs in their area.
What are the basic requirements for managing universal wastes?
Anyone who handles a universal waste must determine his or her handler status. Large Quantity Handlers produce 11,000 pounds or more (approximately five to six tons), and Small Quantity Handlers produce less than 11,000 pounds.
Large and Small Quantity Handlers:
1. must not dispose of a universal waste.
2. must not dilute or treat a universal waste on site.
3. small quantity handlers do not register or obtain an EPA identification number; large quantity handlers must register and obtain an EPA identification number.
4. must prevent releases to the environment.
5. must label waste as a "universal waste."
6. may accumulate universal wastes on-site for up to one year.
7. may accumulate universal wastes for more than one year for the sole purpose of facilitating proper recovery or disposal.
8. may accept universal wastes from off-site and keep them for up to one year.
9. must train employees on proper handling and emergency procedures.
10. must respond to spills and manage the residue as hazardous waste.
11. may self-transport to an authorized destination facility.
12. small quantity handlers do not keep records; large quantity handlers have recordkeeping requirements.
13. must comply with export requirements for foreign shipments.
Transporters:
1. must not dispose of universal waste.
2. must not dilute or treat except to respond to spills.
3. must comply with Kentucky Transportation Cabinet regulations.
4. are not required to use manifests.
5. may keep universal waste at transfer facilities for up to 10 days.
6. must respond to releases; spill residue may be required to be managed as a hazardous waste.
7. must only transport universal waste to a universal waste handler, destination facility or foreign destination.
8. must comply with export requirements for foreign shipments.
Destination Facilities:
1. must comply with hazardous waste storage, treatment or disposal facility permitting.
2. must comply with recycling facility requirements only if no storage occurs.
3. must send waste off-site only to another destination facility or a foreign destination.
4. must keep records.
