MERCURY CONTAINING WASTE
You and the EPA

In 1995 the EPA issued the Universal Waste rule to reduce accomplish 3 goals:

  • Reduce the amount of hazardous waste items in the municipal solid waste stream

  • Encourage the recycling and proper disposal of some common hazardous wastes

  • Reduce the regulatory burden on businesses that generate these wastes.

To streamline environmental regulations for wastes that are generated by large numbers of businesses in relatively small quantities, EPA issued the universal waste rule in 1995. It is designed to reduce the amount of hazardous waste items in the municipal solid waste stream; encourage the recycling and proper disposal of some common hazardous wastes; and reduce the regulatory burden on businesses that generate these wastes.

Universal wastes are usually items commonly thrown into the trash by households and small businesses (such as batteries, thermostats, and obsolete agricultural pesticides).

Although handlers of universal wastes must meet less stringent standards for storing, transporting, and collecting wastes, the wastes must comply with full hazardous waste requirements for final recycling, treatment, or disposal. This management structure removes these wastes from municipal landfills and incinerators, which provides stronger safeguards for public health and the environment.

Previous to the EPA's ruling, many used lamps had to be disposed of as hazardous waste because they frequently contain mercury, and sometimes lead. The decision to classify discarded hazardous waste lamps as universal wastes was based on comments received on EPA’s 1994 proposal for managing such lamps, and on a 1997 study of mercury emissions from discarded lamps.

The study showed that these emissions would be reduced under the universal waste approach.

Action

Hazardous waste lamps are added to the federal list of universal wastes regulated under the Resource Conservation and Recovery Act (RCRA). Regulating these lamps as a universal waste under 40 CFR Part 273 provides better management of them and facilitates compliance with RCRA hazardous waste requirements. This rule also makes the federal requirements for this waste more consistent with many state programs.
The EPA added mercury-containing equipment to the universal waste rule in July 2005. The universal waste rule provides streamlined management requirements tailored to several different kinds of waste. The types of waste in the universal waste rule are frequently thrown in the trash by unregulated households and small businesses.

Classifying an item as a universal waste provides flexibility for its proper management and can prevent the item from entering municipal trash. Instead, it can be readily collected and disposed of at a hazardous waste facility.

Handlers of this category of universal waste must prevent mercury releases by using specific containers that will not release any mercury. Final disposal and recycling requirements remain the same as for other federally regulated hazardous waste.

Mercury-containing equipment includes devices, items, or articles that contain varying amounts of elemental mercury, including several types of instruments that are used throughout electric utilities and other industries, municipalities, and households. Some commonly recognized devices are thermostats, barometers, manometers, temperature and pressure gauges, and mercury switches, such as light switches in automobiles. Other items currently classified as universal waste are batteries, thermostats, pesticides, and lamps.

Impact

The EPA estimates 1,877 generators handling approximately 550 tons of mercury-containing equipment are affected by this rule. The Agency’s analysis shows that adding used mercury-containing equipment to the universal waste program will improve implementation of, and compliance with, the federal hazardous waste program. The addition also will establish more facilities to consolidate mercury waste as well as reduce emissions from mercury.