A: Maybe.

When discarded, most lithium-ion (secondary batteries) and lithium primary batteries in use today are likely to be hazardous waste due to ignitability and reactivity (D001 and D003, respectively). With the exception of households, the generator of a waste is responsible for determining whether the spent lithium batteries they generate are hazardous waste and, if they are,
how they are to be managed in compliance with Federal and State hazardous waste requirements.

One compliance option is to manage the hazardous waste lithium batteries as a universal waste.

A handler of universal waste may only manage broken or damaged lithium batteries as universal wastes if the breakage or damage does not constitute a breach in an individual cell casing. The definition of battery in 40 CFR 273.9 does not explicitly state that all batteries must be whole; however, the definition includes an intact, unbroken battery from which the electrolyte has been
removed (60 FR 25492, 25504; May 11, 1995).

Additionally, the requirements for handlers of universal waste allow certain management activities, such as sorting and mixing batteries, provided the batteries or cell casings are not breached and remain intact (sections 273.13(a)(2) and 273.33(a)(2)). The disassembly of a battery pack into individual modules or cells with no damage done to the cell casing does not make a battery damaged or defective.

In sum: A DDR lithium cell or battery may be managed as a universal waste as long as the damage does not constitute a breach in the cell casing.

Damaged, defective, or recalled (DDR) batteries may not be transported by air. In addition, they must comply with specific Department of Transportation (DOT) packaging requirements found at 49 CFR 173.185(f).

A question from the Lone Star State August 12, 2020:

Hi Daniel,

I have a question pertaining to the PPRW. We are SQH and I have been trying to figure out if it’s ok to Cure, process, and then dispose of our paint that is classified as UW in the garbage. Some people are saying yes that this is allowed but I can not seem to find where the information and code for this is.

I would greatly appreciate your help and advice.

Must have been snagged by my spam filter because I didn’t reply until August 18th:

I can assist you. Question: What state are you in?

The reply:

Hi Daniel,

I am in Texas

Now that I was sure I could reply:

I will answer your questions below.

• No.
• As the generator of a waste you must determine if it is a hazardous waste.
• If a hazardous waste, you have the option (in Texas) to manage PPRW as a universal waste.
  • Universal waste paint & paint-related waste is unique to Texas. It is not recognized by Federal regulations of USEPA. Some states have similar universal waste types, e.g., oil-based finishes in Pennsylvania, but not nearly as broad as that of Texas.
• If you choose to manage as a universal waste instead of hazardous waste you must then manage it subject to Texas universal waste regulations.
• Texas regulations at 30 TAC 335.261(b)(18) read: (a small quantity handler of universal waste is…) “Prohibited from diluting or treating universal waste, except when responding to releases…”
• What you describe would be considered treatment and is not allowed.
• Also, universal waste may only be sent to another handler or to a destination facility, not a solid waste landfill.
• Please refer to this article I wrote summarizing the requirements for management of Paint and Paint Related Waste as Universal Waste in Texas.

I hope this helps. Please contact me with any other questions.

Conclusion:

I did not hear back from them. It may not have been the answer they wanted, but it does inform them of what they must do to comply with the regulations of the TCEQ for Texas.

Though I’m based in Illinois, I conduct training all over the country and have been to Texas for training several times. If travel costs are a limiting factor (my Onsite Training includes reimbursement for my travel costs) the same training can be provided by a live interactive webinar.

A question from a frequent customer of mine (06.19.18):

Hi Daniel.

I have a question regarding Universal Waste Lamps that I’m wondering if you have an experience with, and that is light-emitting diodes or LED bulbs. From the reading I have done, it sounds like the EPA wants me to run a TCLP on a bulb to see if it is hazardous, before determining if it can be handled as a Universal Waste lamp.

Would you agree with that assessment or have any input on the subject from your experience?

Thanks for your help.

My reply that same day:

Effective February 07, 2020, the U.S. Environmental Protection Agency (USEPA) is adding hazardous waste aerosol cans to the universal waste program.  The Final Rule includes the following:

• Defines an aerosol can.
• Includes aerosol cans with existing management standards for other universal wastes.
• Specific regulations for the puncturing and draining of aerosol cans.

The new rule allows for the accumulation, transportation, and on-site management – including puncturing and draining – of hazardous waste aerosol cans as a universal waste.

The purpose of this article is to identify and explain these new regulations and what you must do as a universal waste handler to comply with them. (more…)

Lithium cells and batteries pose a variety of risks due to their potential for an uncontrolled chain reaction resulting in heat and fire. When discarded they display the characteristic of Reactivity as defined by USEPA (and states) and are therefore regulated as a hazardous waste. When offered for off-site transportation they are regulated as a Class 9 Miscellaneous by the USDOT/PHMSA.

However, both of these agencies allow for a “deregulation” or even an exception from full regulation if specified requirements are met.  This article is meant to be a source of useful information for anyone who seeks to comply with the regulations of the USEPA (and their state environmental agency) and the USDOT/PHMSA but also wants to take advantage of a relief from full regulation when they can. (more…)