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Universal Waste Rule


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The universal waste rule was promulgated by the US Environmental Protection Agency (EPA) on May 11, 1995. The North Dakota Department of Health, Division of Waste Management, is currently in the process of adopting this rule into the hazardous waste rules. The universal waste rule has been broadened in scope and made more stringent than the federal rule.

The universal waste rule allows generators of all sizes (conditionally exempt small quantity, small quantity and large quantity generators) to manage what would otherwise be a hazardous waste in accordance with less stringent rules which are driven primarily by recycling of those universal wastes. These waste streams which have been designated as universal waste do not totally "fall out" of full RCRA regulation.

Two excellent examples of universal wastes are nickel-cadmium button batteries which are used to power small devices and spent fluorescent tubes. The button batteries are sealed cells which pose little danger of leaking yet still would be considered a hazardous waste because of the cadmium content and possibly other regulated heavy metals. Spent fluorescent tubes are generated by many different types of businesses and households. These tubes represent a hazardous waste due to mercury and lead content.

North Dakota has chosen to broaden the scope of universal waste thermostat to universal waste mercury containing device, which includes fluorescent tubes. Other devices, such as mercury pressure cuffs, switches, and thermometers, are also included. The other categories of universal waste are universal waste pesticides and universal waste batteries. These two categories are virtually identical to the federal rule.

Additionally, the universal waste rule has been made more stringent by requiring that records of off-site shipment of universal wastes be kept by generators, transporters and destination facilities.

For additional information, a Q&A document has been provided which represents the Department's views and is consistent with EPA.


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Updated: May 11, 2005
Created: April 8, 1997