Environmental Compliance 101

From one of our newsletters:

The U.S. Environmental Protection Agency’s (EPA) universal waste rules are set forth in 40 CFR Part 273. These regulations streamline hazardous waste management standards for federally designated “universal wastes.” Although other wastes have been mentioned for inclusion into the universal waste rules at the federal level, the current universal wastes include batteries, pesticides, mercury-containing equipment and bulbs (lamps). States can modify the universal waste rule and add additional universal waste(s) to individual state regulations.

For the majority of facilities, the applicable standards are for those that apply to the small quantity handlers of universal waste. By definition, this means a universal waste handler who does not accumulate 5,000 kilograms or more of universal waste (batteries, pesticides, mercury-containing equipment or lamps, calculated collectively) at any time. At the federal level, a small quantity handler is not required to notify the EPA of universal waste handling activities. A small quantity handler of universal waste must manage universal waste in a way that prevents releases of any universal waste or component of a universal waste to the environment.

Additional requirements for small quantity handlers of universal waste include issues such as labeling/marking, accumulation time limits, employee training and response to releases. All of these requirements are outlined in the federal standard cited above. Again, individual states can require additional requirements.

What are the benefits of handling waste as a universal waste? If properly handled under these regulations, this waste does not count as hazardous waste and does not require following the more stringent hazardous waste regulations. If these waste materials are not handled as universal waste, then the EPA expects that you will manage them as hazardous wastes unless you can prove otherwise. When an environmental regulatory inspector walks into your facility and asks what you do with old batteries or fluorescent lamps, what would be your answer? If you do not know the answer or the facility just throws them in the normal trash, you may be potentially looking at a notice of violation!