The Universal Waste Rule in Missouri - PUB2058

What is the Universal Waste Rule?

The Universal Waste Rule is a set of federal environmental regulations. Missouri adopted the regulations, with modifications, effective Jan. 31, 1999. The rule is part of the Missouri Hazardous Waste Management Regulations located in Code of State Regulations (CSR) 10 CSR 25-16, which references portions of the Code of Federal Regulations (CFR) 40 C.F.R. Part 273. To completely understand the rule, read both state and federal regulations. 

The rule identifies all universal wastes in Missouri and states how they can be handled in a lawful manner. The wastes covered under this rule are described below. The rule was designed to give generators of certain types of hazardous wastes an option to manage those wastes under less stringent universal waste requirements, rather than by the more stringent existing hazardous waste regulations. This alternative is offered to help reduce the regulatory burden on businesses and others that generate certain common hazardous wastes. It also encourages collecting, recycling and proper disposal of these wastes.

Note: Disposing of hazardous wastes in Missouri sanitary landfills (except for very small amounts) has been illegal since Jan. 1, 1994 (Missouri Revised Statutes (RSMo.) section 260.432,RSMo).

What are the basic requirements for managing universal wastes?

Anyone who wants to manage one or more of the universal wastes noted below under the Universal Waste Rule must first determine their handler status. 

• Large quantity handlers accumulate 5,000 kilograms (approximately 11,000 pounds) or more of universal waste calculated collectively, at any time. The designation as a large quantity handler remains through the end of the calendar year in which the 5,000 kg is accumulated.
• Small quantity handlers accumulate less than 5,000 kilograms (approximately 11,000 lbs.). 

The handler counts only those wastes that will be managed as universal wastes. All other hazardous wastes are calculated separately and determine the businesses hazardous waste generator status.

Large and Small Quantity Handlers

• Must prevent releases to the environment
• Must not dispose of a universal waste into the environment
• Must not dilute or treat a universal waste or break or crush mercury containing lamps
• Must follow the waste management requirements stated in the rule for the particular waste(s) being managed
• Small quantity handlers generating only universal wastes under this rule do not need to register or obtain a U.S. Environmental Protection Agency (EPA) identification number
• Large quantity handlers must register and obtain an EPA identification number if a number has not previously been obtained
• Must label waste as a “universal waste” as described in the rule
• May accumulate universal wastes on-site for up to one year or accumulate universal wastes for more than one year for the sole purpose of facilitating proper recovery or disposal
• May accept universal wastes from off-site and keep them for up to one year
• Must train employees on proper handling and emergency procedures
• Must respond to spills and manage the spill residue as hazardous waste
• May self-transport the universal waste to an authorized destination facility
  • If self-transporting, the handler must meet applicable universal waste transporter requirements in the Universal Waste Rule and U.S. Department of Transportation (DOT) regulations.
• Small quantity handlers need not keep records of universal wastes received or shipped
• Large quantity handlers have record-keeping requirements
• Must comply with export requirements for foreign shipments, if applicable

Transporters

• Must not dispose of universal waste into the environment
• Must not dilute or treat except to respond to spills
• Must comply with the applicable universal waste transporter requirements in the Universal Waste Rule and DOT regulations
• Are not required to use hazardous waste manifests
• May store universal waste at transfer facilities for up to 10 days
• Must respond to releases and manage spill residues as a hazardous waste
• Must only transport universal waste to a universal waste handler or an authorized destination facility
• Must comply with export requirements for foreign shipments, if applicable

Destination Facilities

• Destination facilities that store universal wastes before recycling must obtain a Missouri Hazardous Waste Management Facility permit
  • Storage is considered any period of time greater than 24 hours before entering the recycling process
• Destination facilities that treat universal wastes before disposal must obtain a Missouri Hazardous Waste Management Facility permit
• Must send waste off-site only to another destination facility, handler or a foreign destination
• Must keep records

Who is affected by this rule?

Businesses

Universal wastes are generated by small and large businesses, municipalities, churches and schools. The Universal Waste Rule offers another option that eases the regulatory burden on businesses generating these wastes by streamlining the administrative requirements. For example, certain small businesses that generate only universal wastes and manage them under this rule do not need to notify the state of their activities or pay hazardous waste fees and taxes on that waste. The rule also extends the amount of time businesses can accumulate universal wastes on-site to a year or more, as noted above. It also allows companies to transport the wastes with a common carrier (universal waste transporter), instead of a hazardous waste transporter, and it no longer requires companies to prepare a hazardous waste manifest. The transporter prepares a shipping paper.

Households

Households are not subject to hazardous waste management standards and are allowed to dispose of wastes covered under the universal waste rule with their trash. Household waste is defined in 40 C.F.R. § 261.4(b)(1). Residents are encouraged to take their universal wastes to local collection centers or events, when available, for recycling or disposal. However, household hazardous wastes, which are of the same type as universal wastes and which are segregated from the solid waste stream, must either be managed in compliance with this rule or 10 CSR 25-3.260(1)(A)24.

Communities

Local communities can work with businesses and residents to encourage proper recycling or disposal of universal wastes. By easing the regulatory burden on businesses, more collection centers may become available. Communities can establish collection programs or help local businesses set up collection programs in their area based on the guidance in the rule.

What are the different types of universal wastes?

Universal wastes in Missouri’s rule include the following items:

Batteries

• Nickel-cadmium (Ni-Cd) batteries
• Mercury, silver or lithium batteries
• Small, sealed lead-acid batteries found in electronic equipment, mobile telephones, portable computers and emergency backup lighting
• Lead-acid vehicle batteries have two options for management:
  • Reclaiming: 40 C.F.R. § 266.80
  • Universal waste management: 40 C.F.R. Part 273

Pesticides

• Suspended or cancelled pesticides part of a voluntary or mandatory recall
• Unwanted, unused or outdated pesticide products that are collected and managed as part of a waste pesticide collection program

Mercury containing equipment

• Thermostats
• Mercury switches
• Mercury containing thermometers
• Manometers

Mercury containing lamps

• Fluorescent
• High-pressure sodium
• Mercury vapor
• Metal halide
• High intensity discharge (HID) lamps
• Other hazardous incandescent lamps

Aerosol cans

• Spray paints
• Lubricants
• Solvents
• Adhesives