Easing the burden

by Steve Hensley
American Trucking Associations

Issue: Opting to recycle fluorescent lights and batteries will mean less stringent storage, transportation requirements

Fleets will now find it easier and cheaper to recycle fluorescent lamps and other hazardous wastes, thanks to a new regulation issued by EPA.

As part of an effort to encourage recycling over disposal, EPA issued the Universal Waste Rule, which moves some products from the "hazardous waste" category to a "universal waste" category, provided they are recycled. Fluorescent, high-intensity discharge, neon, mercury vapor, high-pressure sodium, and metal-halide lamps join the list of universal wastes, along with nickel-cadmium batteries and thermostats containing up to three grams of liquid mercury.

As long as they're taken to recycling centers, lamps and other universal wastes can now be handled and transported without the stringent regulations governing hazardous wastes. Although fleets that handle universal wastes have less stringent standards for storing, transporting, and collecting them (compared to hazardous wastes), final recycling, treatment, or disposal requires complete compliance with hazardous-waste requirements.

In addition to promoting recycling and reducing the amount of hazardous waste that ends up as landfill, the rule also reduces the regulatory burden on the businesses that generate the waste in the first place.

For example, before the new rule went into effect, fluorescent lamps used by businesses regulated by the Resource Conservation and Recovery Act (RCRA) were considered hazardous wastes. The Universal Waste Rule eases the regulatory burden on these companies by streamlining requirements related to notification, labeling, marking, prohibitions, accumulation time limits, employee training, response to releases, off-site shipments, tracking, exports, and transportation.

In addition to extending the amount of time that businesses can accumulate these materials on site, the new rule allows companies to use common carriers to transport them, instead of a fleet that specializes in hazardous waste. Plus, manifests are no longer necessary.

Businesses that generate less than 100 kilograms of universal waste a month are not subject to the Universal Waste Rule. However, EPA does encourage these businesses to participate voluntarily with collection centers for proper treatment and disposal of waste. Although many of the newer solid-waste landfills are designed to handle small amounts of hazardous waste, it's often better managed through collection or recycling programs.

EPA promoted the new rule as an amendment to RCRA regulations, which, like most federal environmental legislation, encourages states to develop and run their own hazardous-waste programs. When EPA issues a rule, states that come under the auspices of RCRA must actively adopt it in order for the new rule to become effective. But since the Universal Waste Rule is less stringent than current RCRA requirements, state adoption is optional.

States can adopt the entire rule or portions of it. Those that adopt it can add items to their universal waste programs whether or not EPA adds them at the federal level. In states and territories that are not RCRA-authorized, including Alaska, Hawaii, Iowa, and Puerto Rico, the Universal Waste Rule goes into effect immediately.

"One of the benefits of the Universal Waste Rule is that it encourages the development of markets for new recycling services," says Mike Smith, director of properties and environmental affairs, Ruan Transportation Systems. "A good example is the recycling of fluorescent lights. Companies that previously chose not to recycle - due to the regulatory burden of dealing with hazardous waste - are doing so under the Universal Waste Rule.

"Recycling is now both cheaper and easier," Smith points out. "Companies that didn't comply with regulations at all (fluorescent lights ended up in the dumpster, for instance) are now willing to do so."

For more information, visit EPA's Web site, or call the RCRA/Superfund hot line at 800-424-9346 or (TDD) 800-553-7672.

ATA Environmental Specialist Steve Hensley, manages the Green Truck Environmental Compliance Assistance Web site. For more information contact the author or Allen Schaeffer, ATA vice president of environmental and highway policy at 703-838-1786 or e-mail aschaeff@trucking.org