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February 2000 DTSC Releases Universal Waste Rule for Fluorescent Lamps, Batteries, and Thermostats The Department of Toxic Substances Control has released a draft of its long-awaited version of
U.S.EPA 's Universal Waste Rule (UWR). The new rule will establish rules for the handling of fluorescent lamps, batteries, and thermostats, which are less stringent than requirements covering generators other hazardous wastes. Although EPA 's UWR has been in effect since 1995 (except for the coverage of fluorescent lights), it has not been adopted by DTSC. Thus, California generators of these common UWR wastes have
been required to handle them as fully hazardous wastes. However, in practice, many generators simply ignored hazardous waste rules and disposed of these wastes in standard landfills. By adopting this new rule, DTSC hopes to
encourage proper handling of what are admittedly hazardous materials, by providing less stringent handling requirements. What the Rule Covers The new rule will be incorporated
into a new chapter in DTSC 's hazardous waste regulations [Title 22,Chapter 23]. Handlers and transporters of the following three categories of UWR waste covered by the rule are exempt from the usual State requirements governing
hazardous wastes.
Waste batteries: except for certain spent lead-acid storage batteries, or batteries excluded from regulation under Health and Safety Code section 25216.3 (which exempts
certain small household batteries).
Mercury Thermostats
Lamps: A "universal waste handler " under the rule is defined as including the following: ü Generators of the wasteü Owners of facilities who accumulate the waste and then send it on to either another universal waste handler, or who send it out for final disposition (i.e., recycling, treatment, or disposal).
For each of the UW categories, the materials are only regulated once they become a "waste". They become a waste when they are "discarded " or the handler stores it for disposal at a later time. An additional qualification is imposed on the lamps. In order to qualify for coverage under the UWR, the lamps must be "destined for an authorized recycling facility." Lamps that are not will continue to be fully regulated as hazardous wastes. The new rule on lamps will replace a non-regulatory DTSC policy that has allowed generators of the lamps to dispose of up to 25 of them per day without compliance with hazardous waste manifesting and other requirements.
Management Requirements for Handlers UWR "Handlers " must meet requirements that are less stringent than those imposed on normal hazardous waste generators, but that still impose the following obligations:
Ø Must notify EPA or DTSC of its status as a UWR handler, and must obtain an EPA Identification Number. NOTE: Those handlers of battery waste that qualify as small quantity handlers (<5000kg) do not have to notify DTSC or EPA of their activities (most CSRMA members are small quantity handlers of battery waste)..Ø Prohibited from disposing of, diluting, or treating UWR, except in limited circumstances. Ø Must place its UWR waste into containers or packages that meet specified requirements. These differ depending on whether the handler is dealing with batteries, thermostats, or lamps. Ø The containers or packages must be labeled or marked to indicate that they contain universal waste, with the type of waste noted. Ø May accumulate UWR waste for up to a year from the date the waste is generated onsite. Ø A handler receiving waste from another handler is limited to a 90-day accumulation period, except that a handler receiving offsite batteries may accumulate for up to a year. Ø Must ensure that its employees handling UWR are aware of handling and emergency response requirements. Ø Must immediately contain any release. Any material resulting from a release must be managed as regular hazardous waste, and not UWR. Ø Once the UWR waste is shipped offsite, it can only be shipped to another authorized handler, or an authorized treater, recycler, or disposal facility. Ø A generator of lamps must send them to an authorized recycling facility. A handler may self-transport waste offsite as long as it complies with the transporter requirements noted below.
Transporter Requirements Ø UWR that meets the definition of hazardous materials under federal DOT regulations must be packaged, labeled, and placarded accordingly.Ø While manifesting is not required, the handler must keep records of shipments of UWR that include information about both the shipping facility and the designation facility. These records must be retained for three years.
A copy of the draft regulations, and the accompanying staff report can be found on DTSC 's website at: http://www.dtsc.ca.gov. Further information can be obtained from the DTSC by contacting Mike Horner at (916) 322-7889 or by contacting CSRMA Risk Control at (415) 371-5430.
If You Have An Idea, Procedure, Product or Tool That Will Help Other CSRMA
Members Protect the Environment or the Health and Safety of Their Employees, Please Send a Detailed Description and, Where Approriate, a Picture to: David Patzer, CSRMA Risk Control 500 Washington Street, Suite 300 San Francisco, CA 94111
And Your Suggestion May Be The Topic Of The Next ________________________________________________________ CSRMA Above and Beyond Safety Bulletin!
________________________________________________________ Visit the CSRMA Web Site at For Risk Control Resources
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