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Rules & what's accepted · · 7 min read

What Is Universal Waste? Types, Examples and Disposal

What is universal waste? Batteries, pesticides, mercury devices, lamps and aerosol cans that get simpler federal rules. What it means for you.

The quick answer

  • Universal waste is a short list of common hazardous wastes that the EPA lets businesses handle under a lighter set of rules, so the items are easier to collect and recycle.
  • There are five federal types: batteries, certain pesticides, mercury-containing equipment such as thermostats, lamps such as fluorescent tubes, and aerosol cans.
  • States can add more. Electronics, paint, antifreeze and solar panels are universal waste in some states.
  • At home, you generally are not regulated, but these items still should not go in the trash where your area offers a better option. Take them to a household hazardous waste program or a recycling drop-off.

What universal waste means

The full federal hazardous waste rules are demanding: shipping manifests, hazardous waste haulers and permitted facilities. That is a heavy load for everyday items like used batteries or burned-out fluorescent tubes, which all kinds of stores, schools, offices and repair shops throw away in small amounts.

The EPA’s answer was the universal waste program, written into the federal regulations at 40 CFR part 273. The EPA says the simpler rules are meant to encourage collection and recycling, make it easier for retailers and other businesses to take these items back, and keep more of them out of municipal landfills and incinerators. The waste is still hazardous. The rules just fit the way it is actually produced.

The program started with a 1995 rule. The EPA added lamps in 1999, mercury-containing equipment (which covers thermostats) in 2005 and aerosol cans in a rule published in 2019. The agency has also said it plans to propose new rules aimed at solar panels and lithium batteries once they wear out.

The five federal types

  • Batteries. The federal definition covers any device made of one or more electrochemical cells built to store and deliver electricity, including an intact battery whose electrolyte has been removed. A battery only becomes universal waste if it is discarded and is a hazardous waste. Our guide to recycling lithium and car batteries covers where each kind goes.
  • Pesticides. Only in specific cases: recalled pesticides and those whose registration was suspended or canceled, plus unused products gathered through a waste pesticide collection program. Other hazardous waste pesticides fall under the full hazardous waste rules.
  • Mercury-containing equipment. A device, or part of one, that holds elemental mercury needed for it to work. Thermostats are the classic case; batteries and lamps are counted separately. See recycling a mercury thermostat.
  • Lamps. The bulb or tube part of an electric light. Common examples in the EPA’s list include fluorescent tubes, neon, metal halide, high pressure sodium and mercury vapor lamps, along with other high intensity discharge lamps. Our guide on how to dispose of light bulbs sorts out which household bulbs contain mercury.
  • Aerosol cans. Non-refillable cans that use pressurized gas to spray out a liquid, paste or powder. Many hold propane or butane propellant, which can make a discarded can ignitable and therefore hazardous. See how to dispose of aerosol cans.

What does not count

Being on the list is not enough. An item has to be both thrown away and actually hazardous. Under Part 273 and the EPA’s explanations, these are not universal waste:

  • Items still in use or not yet discarded, such as a battery you plan to keep using.
  • Items that are not hazardous waste in the first place, for example a battery or lamp that does not meet a hazardous waste definition.
  • Spent lead-acid batteries handled under a separate set of federal recycling rules (40 CFR part 266, subpart G).
  • Aerosol cans that are empty under the federal definition of an empty container, or cans whose contents are not hazardous.
  • Mercury equipment with the mercury parts already removed.

Universal waste vs hazardous waste

The difference is mainly about paperwork and handling. Compared with the full hazardous waste rules, the EPA says universal waste can generally:

  • be stored on site for up to one year;
  • be shipped without a hazardous waste manifest and without a hazardous waste hauler;
  • be left out of the count that decides whether a business is a very small, small or large quantity generator of hazardous waste.

What does not change is where it ends up. Universal waste still has to reach a facility permitted or otherwise approved to take hazardous waste, such as a hazardous waste recycler, and it must be managed so nothing leaks or breaks.

The rules sort the people involved into four groups. A small quantity handler keeps less than 5,000 kilograms (about 11,000 pounds) of universal waste on hand at any time. A large quantity handler reaches 5,000 kilograms or more, counting all five types together, and keeps that status through the end of that calendar year. The other two are transporters and destination facilities, the places that recycle, treat or dispose of it.

What it means at home

Household waste is excluded from the federal hazardous waste rules, and Part 273 says households may manage their universal-type items under the universal waste rules if they choose to. In plain terms, the federal government does not police a dead battery in your kitchen drawer. Very small quantity generators, the smallest businesses, get the same option.

That does not mean the trash can is the right place. The EPA built the program to steer these items toward collection and recycling, and state or local rules may be stricter than federal ones. Lithium batteries are a fire risk in a trash load, as our battery guide explains, and fluorescent lamps contain mercury. The safer path is a household hazardous waste program or a retail or municipal drop-off. Our guide to what counts as household hazardous waste explains how those collections work.

One catch for anyone collecting from others: if household or very small quantity items are mixed with regulated universal waste, the whole batch has to be managed under the universal waste rules.

State additions

States run their own programs, and the EPA notes that most have adopted the full federal list, while some adopted only part of it. A state can also add its own types. Examples from the EPA’s list, which it says is not complete:

  • Electronics: ten states, from California, Hawaii, Colorado and Nebraska to Arkansas, Louisiana and Michigan, plus Connecticut, New Jersey and Rhode Island.
  • Cathode ray tubes: Maine, New Hampshire and Rhode Island.
  • Paint and paint-related waste: Ohio and Texas. Oil-based finishes: New Jersey and Pennsylvania.
  • Antifreeze: Louisiana and New Hampshire. Ballasts: Maine, Maryland and Vermont.
  • Solar panels: California and Hawaii.

If a state has not adopted one of the federal types, that item is handled under the state’s regular hazardous waste rules when it qualifies as hazardous. Check your state environmental agency’s website for the current list.

Labels and storage at a business

For a shop, office or contractor that builds up universal waste, a few basics apply to small quantity handlers under Part 273:

  • Label it. Batteries, or the container holding them, must be marked with a phrase such as “Universal Waste—Battery(ies),” “Waste Battery(ies)” or “Used Battery(ies).” Each type has similar wording.
  • Date it. A handler must be able to show how long the waste has been stored, for example by dating the container with the earliest date, dating each item or keeping an inventory log.
  • Tell employees. Workers who handle it must be told how to handle it and what to do in an emergency.
  • Clean up releases right away, and treat any spill residue as hazardous waste if it is hazardous.
  • Ship it only to another handler or a destination facility. A business that hauls its own universal waste counts as a transporter for that trip.

State rules can add to these, so confirm details with your state agency before setting up a collection area.

How to get rid of it

To find landfills, transfer stations and recycling drop-offs near you, use the Dumpmapper map or dump near me, and call ahead to confirm hours and which items the site accepts.

Universal waste FAQ

What is universal waste?

It is the EPA's term for five kinds of common hazardous waste that businesses may manage under simpler rules: batteries, lamps, mercury-containing equipment, aerosol cans and certain pesticides. The federal rules are in 40 CFR part 273.

What are examples of universal waste?

Used batteries, fluorescent tubes and other mercury-containing lamps, mercury thermostats, recalled or collected pesticides and discarded aerosol cans that are not empty. Some states add electronics, paint, antifreeze or solar panels.

Is universal waste hazardous waste?

Yes. It is hazardous waste managed under a lighter set of rules. Items that are not hazardous, or not yet thrown away, are not universal waste.

How long can universal waste be stored?

Generally up to one year from the day it became waste or arrived from another handler. A handler may keep it longer only to gather enough for proper recycling or disposal, and must be able to prove that.

Can I throw universal waste in the trash at home?

Federal hazardous waste rules exclude household waste, but state or local rules may be stricter. Taking these items to a household hazardous waste program or a recycling drop-off is the safer choice.

What label does universal waste need?

For batteries, the battery or its container must say “Universal Waste—Battery(ies),” “Waste Battery(ies)” or “Used Battery(ies).” Each of the other types has similar wording in 40 CFR 273.14.

The bottom line

Universal waste is the EPA’s name for five kinds of everyday hazardous waste: batteries, lamps, aerosol cans, mercury-containing equipment and certain pesticides. Businesses can manage them under simpler rules that allow a year of storage and no hazardous waste manifest, as long as the items end up at an approved recycler or facility. States may add items such as electronics or paint. At home, federal rules leave you room, but the best move is still a household hazardous waste program or recycling drop-off rather than the trash.

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