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UNIVERSAL WASTE FEDERAL LARGE QUANTITY HANDLER REQUIREMENTS

“Large Quantity Handler” of Universal Waste means a universal waste handler who accumulates 5,000 kilograms or more total of universal waste calculated collectively at any time. This designation as a large quantity handler of universal waste is retained through the end of the calendar year in which the 5,000 kilogram limit is met or exceeded.

Prohibitions: A Large Quantity Handler of Universal Waste is prohibited from disposing of universal waste, and from diluting or treating universal waste, except by responding to releases as provided in 40 C.F.R. 273.37; or by managing specific wastes as provided in 40 C.F.R. 273.33.

Did LQH comply with the universal waste prohibitions?  [40 CFR 273.31]

Notification: A Large Quantity Handler of Universal Waste must have sent written notification of universal waste management to the New Jersey Department of Environmental Protection, and received an EPA Identification Number (unless already notified EPA of its hazardous waste management activities and received EPA Identification Number), before meeting or exceeding the 5,000 kilogram storage limit. This notification must include the universal waste handler’s name and mailing address, the name and business telephone number of the person at the universal waste handler’s site who should be contacted regarding universal waste management activities, the address or physical location of the universal waste management activities, a list of all the types of universal waste managed by the handler (e.g., batteries, pesticides, thermostats, mercury-containing equipment, lamps), and a statement indicating that the handler is accumulating more than 5,000 kg of universal waste at one time and the types of universal waste the handler is accumulating above this quantity.

Did LQH send a written notification to the Department and/or receive an EPA Identification Number prior to meeting or exceeding the 5,000-kg storage limit?  [40 CFR 273.32(a)]

Did LQH include all information on the written notification?  [40 CFR 273.32(b)]

BATTERIES

“Battery” means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store, and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.

Did LQH place universal waste batteries which show evidence of leakage, spillage or damage into a container that was closed, structurally sound, compatible with the contents of the batteries, and showing no evidence of leakage, spillage, or damage that could cause leakage?  [40 CFR 273.33(a)(1)]

Activities. A Large Quantity Handler of Universal Waste may conduct the following activities as long as the casing of each individual battery cell is not breached and remains intact and closed (except that cells may be opened to remove electrolyte but must be immediately closed after removal):sorting batteries by type, mixing battery types in one container, discharging batteries so as to remove the electric charge, regenerating used batteries, disassembling batteries or battery packs into individual batteries or cells, removing batteries from consumer products, or removing electrolyte from batteries.

Did LQH conducting activities on universal waste batteries ensure that the casing of individual battery cells was not breached and remained intact and closed?  [40 CFR 273.33(a)(2)]

Did LQH determine if electrolyte removed from batteries, or solid waste generated as the result of performing activities on batteries, is hazardous?  [40 CFR 273.33(a)(3)]

Did LQH clearly label or mark individual universal waste batteries or containers or tanks of universal waste batteries with the words: “Universal Waste–Battery(ies)”, or “Waste Battery(ies)”, or “Used Battery(ies)”?  [40 CFR 273.34(a)]

PESTICIDES

“Pesticide” means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant.

Did LQH place universal waste pesticides in a container that was closed, structurally sound, compatible with the pesticide, and showing no evidence of leakage, spillage, or damage that could cause leakage?  [40 CFR 273.33(b)(1)]

Did LQH overpack containers of universal waste pesticides which did not meet the requirements of 40 C.F.R. 273.33(b)(1)?  [40 CFR 273.33(b)(2)]

Did LQH accumulate universal waste pesticides in a tank which meets the requirements of 40 C.F.R. 265 Subpart J?  [40 CFR 273.33(b)(3)]

Did LQH place universal waste pesticides in a transport vehicle or vessel that was closed, structurally sound, compatible with the pesticide, and showing no evidence of leakage, spillage, or damage that could cause leakage?  [40 CFR 273.33(b)(4)]

Did LQH clearly label or mark containers, tanks, transport vehicles or vessels of recalled universal waste pesticides with the label that was on or accompanied the product as sold or distributed, and the words “Universal Waste—Pesticide(s)” or “Waste—Pesticide(s)”?  [40 CFR 273.34(b)]

Did LQH clearly label or mark containers, tanks, transport vehicles or vessels of unused universal waste pesticides with the words “Universal Waste-Pesticide(s)” or “Waste-Pesticide(s)”, and, with the label that was on the product when purchased, or the appropriate label as required under the Department of Transportation regulation 49 C.F.R. part 172, or another label prescribed or designated by the waste pesticide collection program administered or recognized by a state?  [40 CFR 273.34(c)]

MERCURY-CONTAINING EQUIPMENT

“Mercury-Containing Equipment” means a device or part of a device (including thermostats, but excluding batteries and lamps) that contains elemental mercury integral to its function.

“Thermostat” means a temperature control device that contains metallic mercury in an ampule attached to a bimetal sensing element, and mercury-containing ampules that have been removed from these temperature control devices in compliance with the requirements of 40 C.F.R. 273.13(c)(2) or 273.33(c)(2).

Did LQH place universal waste mercury-containing equipment with non-contained elemental mercury or that shows evidence of leakage, spillage or damage in a container that was that was closed, structurally sound, compatible with the contents of the device, designed to prevent the escape of mercury into the environment, and showing no evidence of leakage, spillage, or damage that could cause leakage?  [40 CFR 273.33(c)(1)]

Did LQH remove mercury-containing ampules in a manner designed to prevent breakage of the ampules?  [40 CFR 273.33(c)(2)(i)]

Did LQH remove mercury-containing ampules only over or in a containment device?  [40 CFR 273.33(c)(2)(ii)]

Did LQH ensure that a mercury clean-up system is readily available to immediately transfer any mercury, resulting from spills or leaks from broken ampules from the containment device to a container that meets the requirements of 40 C.F.R. parts 260 through 272? [40 CFR 273.33(c)(2)(iii)]

Did LQH immediately transfer any mercury resulting from spills or leaks from broken ampules, from the containment device to a container that meets the requirements of 40 C.F.R. parts 260 through 272? [40 CFR 273.33(c)(2)(iv)]

Did LQH ensure that the area in which mercury-containing ampules are removed is well ventilated and monitored to ensure compliance with applicable OSHA exposure levels for mercury?  [40 CFR 273.33(c)(2)(v)]

Did LQH ensure that employees removing mercury-containing ampules are thoroughly familiar with proper waste mercury handling and emergency procedures?  [40 CFR 273.33(c)(2)(vi)]

Did LQH store mercury-containing ampules in closed, non-leaking containers that were in good condition?  [40 CFR 273.33(c)(2)(vii)]

Did LQH pack mercury-containing ampules in containers with packing materials adequate to prevent breakage during storage, handling, and transportation?  [40 CFR 273.33(c)(2)(viii)]

Did LQH who removed the opened original housing holding mercury not contained in an ampule immediately seal the housing with an air-tight seal, and follow the requirements under 40 C.F.R.273.13(c)(2) for removing and managing ampules?  [40 CFR 273.33(c)(3)]

Did LQH who removes mercury-containing ampules or seals mercury in its original housing determine if any waste generated exhibited a characteristic of hazardous waste, and manage the waste in compliance with all appropriate regulations?  [40 CFR 273.33(c)(4)]

Did LQH properly label or mark universal waste mercury-containing equipment or containers of universal waste mercury-containing equipment?  [40 CFR 273.34(d)]

LAMPS

“Lamp”, also referred to as universal waste lamp is defined as the bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infrared regions of the electromagnetic spectrum. Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps.

Did LQH place universal waste lamps in a container that was closed, structurally sound, compatible with the contents of the lamp, and showing no evidence of leakage, spillage or damage that could cause leakage?  [40 CFR 273.33(d)(1)]

Did LQH clean-up and place any universal waste lamp that was broken or that showed evidence of breakage, leakage, or damage that could cause the release of hazardous constituents, in a container that was closed, structurally sound, compatible with the lamp, and showing no evidence of leakage, spillage or damage that could cause leakage or releases of mercury or other hazardous constituents to the environment?  [40 CFR 273.33(d)(2)]

Did LQH clearly label or mark universal waste lamps or containers of universal waste lamps with the words “Universal Waste—Lamp(s)”, or “Waste Lamp(s)”, or “Used Lamp(s)”?  [40 CFR 273.34(e)]

ACCUMULATION TIME LIMITS

Did LQH who accumulated universal waste for greater than one year, prove the accumulation was solely for the purpose of facilitating proper recovery, treatment or disposal?  [40 CFR 273.35(a-b)]

Did LQH demonstrate the length of time that the universal waste was accumulated?  [40 CFR 273.35(c)]

TRAINING

Did LQH ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures?  [40 CFR 273.36]

RESPONSE TO RELEASES

Did LQH immediately contain any releases or residues of universal waste?  [40 CFR 273.37(a)]

Did LQH determine if any material resulting from the release of universal waste was hazardous, and to manage the waste in compliance with all applicable regulations?  [40 CFR 273.37(b)]

OFF-SITE SHIPMENTS

Did LQH send or take universal waste only to a another universal waste handler, a destination facility, or a foreign destination?  [40 CFR 273.38(a)]

Did LQH who self-transports comply with the requirements at 40 C.F.R. 273 Subpart D and N.J.A.C. 7:26A-7.6?  [40 CFR 273.38(b)]

Did LQH properly package, label, mark, placard, and prepare shipping papers when offering for transportation universal waste that was also a hazardous material?  [40 CFR 273.38(c)]

Did the originating handler of universal waste ensure that the receiving handler agreed to accept the universal waste shipment?  [40 CFR 273.38(d)]

Did LQH receive back or agree on an alternate facility for rejected shipments of universal waste?  [40 CFR 273.38(e)]

Load Rejection: A Large Quantity Handler of Universal Waste may reject a shipment containing universal waste, or a portion of a shipment containing universal waste that he has received from another handler. If a handler rejects a shipment or a portion of a shipment, he must contact the originating handler to notify him of the rejection and to discuss reshipment of the load. The handler must send the shipment back to the originating handler, or, if agreed to by both the originating and receiving handler, send the shipment to a destination facility.

Did LQH properly reject shipments of universal waste?  [40 CFR 273.38(f)]

Did LQH immediately notify the Department if an illegal shipment of hazardous waste that was shipped as universal waste was received?  [40 CFR 273.38(g)]

Did LQH that received non-hazardous, non-universal waste manage such waste in accordance in compliance with applicable federal, state or local solid waste regulations?  [40 CFR 273.38(h)]

TRACKING

Did LQH record the name and address of the originating universal waste handler or foreign shipper from whom the universal waste was sent?  [40 CFR 273.39(a)(1)]

Did LQH record the quantity of each type of universal waste received?  [40 CFR 273.39(a)(2)]

Did LQH record the date of receipt of each shipment of universal waste?  [40 CFR 273.39(a)(3)]

Did LQH record the name and address of the universal waste handler, destination facility, or foreign destination to whom universal waste was sent?  [40 CFR 273.39(b)(1)]

Did LQH record the quantity of each type of universal waste sent?  [40 CFR 273.39(b)(2)]

Did LQH record the date the shipment of universal waste left the facility?  [40 CFR 273.39(b)(3)]

Did LQH retain records for at least three years?  [40 CFR 273.39(c)]

UNIVERSAL WASTE STATE LARGE QUANTITY HANDLER REQUIREMENTS

CONSUMER ELECTRONICS

“Consumer Electronics” means any appliance used in the home or business that includes circuitry. Consumer electronics includes the components and sub-assemblies that collectively make up the electronic products and may, when individually broken down, include batteries, mercury switches, capacitors containing PCBs, cadmium plated parts and lead or cadmium containing plastics. Examples of consumer electronics include, but are not limited to, computers, printers, copiers, tele facsimiles, VCRs, stereos, televisions, and telecommunication devices.

Did LQH place consumer electronics that showed evidence of leakage, spillage, or damage that could cause leakage, in a container that was closed, structurally sound, compatible with the contents of the consumer electronics, showing no evidence of leakage, spillage, or damage that could cause leakage?  [N.J.A.C. 7:26A- 7.5(b)1]

Did LQH apply for a Class D Approval prior to conducting disassembling or processing on consumer electronics?  [N.J.A.C. 7:26A- 7.5(b)2]

Did LQH accumulate universal waste consumer electronic devices in a closed container that was clearly marked with the words “Universal Waste-Consumer Electronics”?  [N.J.A.C. 7:26A- 7.7(a)]

OIL-BASED FINISHES

“Oil-based finishes” means any paint or other finish which may exhibit, or is known to exhibit, a hazardous waste characteristic, or which contains a listed hazardous waste, and is in its 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.

Did LQH manage universal waste finishes in the original packaging, in a way that prevents releases of any universal waste or component of a universal waste to the environment, unless repackaging in accordance with  N.J.A.C. 7:26A-7.5(c)5?  [N.J.A.C. 7:26A- 7.5(c)1]

Did LQH place any universal waste finish that shows evidence of leakage, spillage, or damage that could cause leakage into a container that was closed, structurally sound, compatible with the contents of the universal waste finish, and showing no evidence of leakage, spillage, or damage that could cause leakage?  [N.J.A.C. 7:26A- 7.5(c)2]

Did LQH apply for a Class D Approval prior to conducting disassembling or processing activities on universal waste finishes?  [N.J.A.C. 7:26A- 7.5(c)3]

Did LQH manage containers or packages containing oil-based finishes in an area equipped with a secondary containment system meeting the requirements of N.J.A.C. 7:26A-7.5(c)4?  [N.J.A.C. 7:26A- 7.5(c)4]

Did LQH repackage oil-based finishes in a manner that was compliant with N.J.A.C.7:26A-7.5(c)5?  [N.J.A.C. 7:26A- 7.5(c)5]

Did LQH submit a report to the Department documenting the types and amounts of universal waste which were received, stored and shipped in the preceding calendar year(s)?  [N.J.A.C. 7:26A- 7.5(d)]

Did LQH clearly mark all containers (or multiple container package units); tanks, transport vehicles or other vessels in which oil-based waste finishes were contained, with the words “Universal Waste – Oil-Based Finish”?  [N.J.A.C. 7:26A- 7.7(b)]

AEROSOL CANS

Did LQH place Universal Waste Aerosol Cans in containers that were structurally sound, compatible with the contents of the aerosol cans, lacking evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions, and protected from sources of heat?  [40 CFR 273.33(e)(1)]

Did LQH package Universal Waste Aerosol Cans that showed evidence of leakage in a separate closed container, overpack with absorbents, or immediately puncture it or drain it in accordance with the requirements of 40 C.F.R. 273.33(e)?  [40 CFR 273.33(e)(2)]

Did LQH ensure that individual aerosol cans were not breached when conducting activities on Universal Waste Aerosol Cans?  [40 CFR 273.33(e)(3)]

Did LQH recycle their empty punctured aerosol cans?  [40 CFR 273.33(e)(4)]

Did LQH recycle empty punctured Universal Waste Aerosol Cans and conduct puncturing and draining activities using a device specifically designed to safely puncture the cans and effectively contain the residual contents and any emissions?  [40 CFR 273.33(e)(4)(i)]

Did LQH recycle empty punctured Universal Waste Aerosol Cans and establish and follow a written procedure detailing how to safely puncture and drain the cans; maintain a copy of the manufacturer’s specification and instruction on site; and ensure employees operating the device are trained in the proper procedures?  [40 CFR 273.33(e)(4)(ii)]

Did LQH recycle empty punctured Universal Waste Aerosol Cans and ensure that puncturing the can is done in a manner designed to prevent fires and to prevent the release of any component of universal waste to the environment?  [40 CFR 273.33(e)(4)(iii)]

Did LQH recycle empty punctured Universal Waste Aerosol Cans and immediately transfer the contents from the can or puncturing device to a container or tank that meets the applicable requirements of 40 C.F.R. 262.14, 15, 16, or 17?  [40 CFR 273.33(e)(4)(iv)]

Did LQH recycle empty punctured Universal Waste Aerosol Cans and conduct a hazardous waste determination on the contents of the emptied aerosol can per 40 CFR 262.11?  [40 CFR 273.33(e)(4)(v)]

Did LQH recycle empty punctured Universal Waste Aerosol Cans, have a written procedure in place in the event of a spill or leak, keep a spill clean-up kit, or ensure that all spills or leaks are cleaned up promptly?  [40 CFR 273.33(e)(4)(viii)]

Did LQH label or clearly mark individual aerosol cans, or a container in which cans were contained with the phrase: “Universal Waste—Aerosol Can(s)”, “Waste Aerosol Can(s)”, or “Used Aerosol Can(s)”?  [40 CFR 273.34(f)]

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