The Universal Waste regulations of the US EPA at 40 CFR 273 provide an option for generators to manage what would be a hazardous waste according to a reduced regulatory burden. Relaxed regulatory requirements for Universal Waste include, but are not limited to:
- One year on-site accumulation time limit.
- Universal Waste doesn’t count towards your Hazardous Waste generator status.
- Uniform Hazardous Waste manifest not required for off-site shipments.
- Reduced training requirements for facility personnel.
- No inspection requirements.
The US Environmental Protection Agency currently identifies four (4) types of Universal Waste:
- Lamps.
- Batteries.
- Mercury-Containing Devices.
- Pesticides.
Read more about the Federal Universal Waste regulations.
States with authorized hazardous waste programs under RCRA are allowed to expand on this Federal list of Universal Waste, and many have.
The State of Pennsylvania, at Chapter 266b of its code, has added the following two wastes in addition to its adoption of the four Federal Universal Wastes:
- Oil-Based Finishes.
- Photographic Solutions.
The State code defines an Oil-Based Finish as:
Any paint or other finish that may exhibit, or is known to exhibit, a hazardous waste characteristic as specified in 40 CFR Part 261, Subpart C (relating to a characteristics of hazardous waste), or which contains a listed hazardous waste as specified in 40 CFR Part 261, Subpart D (relating to lists of hazardous wastes), and is in original packaging, or otherwise appropriately contained and clearly labeled. Examples of oil-based finishes include, but are not limited to, oil-based paints, lacquers, stains and aerosol paint cans.
In other words, any paint, in any form (aerosols!), if it first meets the definition of a hazardous waste (characteristic or listed) can be managed as a Universal Waste in Pennsylvania. It is, however, limited to paints and finishes, it does not include clean-up solvents or other paint-related waste.
Photographic Solutions are defined as “silver-bearing waste streams resulting from photographic processing solutions or rinse water.”
The identification of Oil-Based Finishes and Photographic Solutions as a Universal Waste is specific to Pennsylvania. If these two Universal Wastes are shipped out of state for recycling, the Universal Waste regulations of the destination state must be considered and it is likely that your Oil-Based Finish or Photographic Solution will then have to be managed as a Hazardous Waste.
State-specific regulations such as these are best addressed during On-Site Training. For On-Site Training I will work with you to create a presentation specific to your operations and only the regulations that your employees need to know. Train all of your HazMat Employees and Facility Personnel in one day (or more if necessary). Contact me for a free consultation.