nj home my new jersey nj people nj business nj government departments
njdep
njdep home about dep index by topic programs and units dep online Division of Solid & Hazardous Waste Home Page

SOLID AND HAZARDOUS WASTE
MANAGEMENT OF USED OIL-BASED FINISHES
UNDER THE UNIVERSAL WASTE RULE IN NEW JERSEY

The following information was excerpted from the New Jersey Administrative Code and the Code of Federal Regulations and contains only those regulations pertaining to the management of used oil-based finishes as universal waste. The information is provided as guidance only and is not a complete or judicial version of the regulations. A complete version of the New Jersey Recycling Regulations (N.J.A.C. 7:26A) can be downloaded from the Internet at www.state.nj.us/dep/dshw. The Federal Universal Waste Rule (40 CFR part 273) is available at www.epa.gov.

Definitions:

“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. Such designation as a large quantity handler of universal waste is retained through the end of the calendar year in which 5,000 kilograms or more total of universal waste is accumulated.

“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.

“Small quantity handler of universal waste” means a universal waste handler, as defined in this section, who accumulates less than 5,000 kilograms total of universal waste (all types of universal wastes calculated collectively) at any time.

“Universal Waste handler” means a generator of universal waste or the owner or operator of a facility, including all contiguous property, that receives universal waste from other universal waste handlers, accumulates universal waste, and sends universal waste to another universal waste handler, to a destination facility, or to a foreign destination. “ Universal waste handler” does not mean a person who treats (except under the provisions of N.J.A.C. 7:26A-7.2(d)1 or 3, or N.J.A.C. 7:26A-7.3(d)1 or 3), disposes of, or recycles universal waste, or a person engaged in the off-site transportation of universal waste by air, rail, highway, or water, including a universal waste transfer facility.

Small Quantity Handler Requirements for Oil-Based Finishes

(1) A small quantity handler of universal waste is:

(a) Prohibited from disposing of universal waste; and

(b) Prohibited from diluting or treating universal waste, except by responding to releases as provided in 40 CFR 273.17; or by managing specific wastes as provided in 40 CFR 273.13.

(2) A small quantity handler of universal waste is not required to notify the Department of universal waste handling activities.

(3) A small quantity handler of universal waste shall manage oil-based finishes, in its original or otherwise appropriate and labeled packaging, in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:

(a) A small quantity handler of universal waste shall contain oil-based finishes that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions in a container. The container shall be closed, structurally sound, compatible with the contents of the oil-based finishes, and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.

(b) A small quantity handler of universal waste shall not in any way process any oil-based finishes (examples: including, but not limited to, opening, blending, filtering).

(4) A container (or multiple container package unit), tank, transport vehicle or other vessel in which oil-based waste finishes contained, shall be labeled or marked clearly with the following phrase: “Universal Waste – Oil-based Finish”.

(5) A small quantity handler of universal waste may accumulate universal waste for no longer than one year from the date the universal waste is generated, or received from another handler, unless the requirements of paragraph (6) of this section are met.

(6) A small quantity handler of universal waste may accumulate universal waste for longer than one year from the date the universal waste is generated, or received from another handler, if such activity is solely for the purpose of accumulation of such quantities of universal waste as necessary to facilitate proper recovery, treatment, or disposal. However, the handler bears the burden of proving that such activity is solely for the purpose of accumulation of such quantities of universal waste as necessary to facilitate proper recovery, treatment, or disposal.

(7) A small quantity handler of universal waste who accumulates universal waste must be able to demonstrate the length of time that the universal waste has been accumulated from the date it becomes a waste or is received. The handler may make this demonstration by:

(a) Placing the universal waste in a container and marking or labeling the container with the earliest date that any universal waste in the container became a waste or was received;

(b) Marking or labeling each individual item of universal waste (e.g., each battery or thermostat) with the date it became a waste or was received;

(c) Maintaining an inventory system on-site that identifies the date each universal waste became a waste or was received;

(d) Maintaining an inventory system on-site that identifies the earliest date that anyuniversal waste in a group of universal waste items or a group of containers of universal waste became a waste or was received;

(e) Placing the universal waste in a specific accumulation area and identifying the earliest date that any universal waste in the area became a waste or was received; or

(f) Any other method which clearly demonstrates the length of time that the universal waste has been accumulated from the date it becomes a waste or is received.

(8) A small quantity handler of universal waste must inform all employees who handle or have responsibility for managing universal waste. The information must describe proper handling and emergency procedures appropriate to the type(s) of universal waste handled at the facility.

(9) A small quantity handler of universal waste must immediately contain all releases of universal wastes and other residues from universal wastes.

(10) A small quantity handler of universal waste must determine whether any material resulting from the release is hazardous waste, and if so, must manage the hazardous waste in compliance with all applicable requirements of 40 CFR parts 260 through 272. The handler is considered the generator of the material resulting from the release, and must manage it in compliance with 40 CFR part 262.

(11) A small quantity handler of universal waste is prohibited from sending or taking universal waste to a place other than another universal waste handler, a destination facility, or a foreign destination.

(12) If a small quantity handler of universal waste self-transports universal waste off-site, the handler becomes a universal waste transporter for those self-transportation activities and must comply with the transporter requirements of 40 CFR parts 273.50 through 273.56 while transporting the universal waste.

(13) If a universal waste being offered for off-site transportation meets the definition of hazardous materials under 49 CFR parts 171 through 180, a small quantity handler ofuniversal waste must package, label, mark and placard the shipment, and prepare the proper shipping papers in accordance with the applicable Department of Transportation regulations under 49 CFR parts 172 through 180;

(14) Prior to sending a shipment of universal waste to another universal waste handler, the originating handler must ensure that the receiving handler agrees to receive the shipment.

(15) If a small quantity handler of universal waste sends a shipment of universal waste to another handler or to a destination facility and the shipment is rejected by the receiving handler or destination facility, the originating handler must either:

(a) Receive the waste back when notified that the shipment has been rejected, or

(b) Agree with the receiving handler on a destination facility to which the shipment will be sent.

(16) A small 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:

(a) Send the shipment back to the originating handler, or

(b) If agreed to by both the originating and receiving handler, send the shipment to a destination facility.

(17) If a small quantity handler of universal waste receives a shipment containing hazardous waste that is not a universal waste, the handler must immediately notify the Department of the illegal shipment, and provide the name, address, and phone number of the originating shipper. The Department will provide instructions for managing the hazardous waste.

(18) If a small quantity handler of universal waste receives a shipment of non-hazardous, non-universal waste, the handler may manage the waste in any way that is in compliance with applicable federal, state or local solid waste regulations.

(19) A small quantity handler of universal waste is not required to keep records of shipments ofuniversal waste.

(20) A small quantity handler of universal waste who sends universal waste to a foreign destination other than to those OECD countries specified in 40 CFR 262.58(a)(1) (in which case the handler is subject to the requirements of 40 CFR part 262, subpart H) must:

(a) Comply with the requirements applicable to a primary exporter in 40 CFR 262.53, 262.56(a)(1) through (4), (6), and (b), and 262.57;

(b) Export such universal waste only upon consent of the receiving country and in conformance with the EPA Acknowledgement of Consent as defined in 40 CFR part 262, subpart E; and

(c) Provide a copy of the EPA Acknowledgment of Consent for the shipment to the transporter transporting the shipment for export.

Large Quantity Handler Requirements for Oil-Based Finishes

(1) A large quantity handler of universal waste is:

(a) Prohibited from disposing of universal waste; and

(b) Prohibited from diluting or treating universal waste, except by responding to releases as provided in 40 CFR 273.37; or by managing specific wastes as provided in 40 CFR 273.33.

(2) Except as provided in paragraph (3) of this section, a large quantity handler of universal waste must have sent written notification of universal waste management to the Department, and received an EPA Identification Number, before meeting or exceeding the 5,000 kilogram storage limit.

(3) A large quantity handler of universal waste who has already notified EPA of his hazardous waste management activities and has received an EPA Identification Number is not required to renotify under this section.

(4) This notification must include:

(a) The universal waste handler's name and mailing address;

(b) 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;

(c) The address or physical location of the universal waste management activities;

(d) A list of all the types of universal waste managed by the handler (e.g., batteries, pesticides, thermostats, lamps);

(e) 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 (e.g., batteries, pesticides, thermostats, and lamps) the handler is accumulating above this quantity.

(5) A large quantity handler of universal waste shall manage universal waste finishes, in its original packaging, in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:

(a) A large quantity handler of universal waste shall contain any universal waste finishes that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions in a container. The container shall be closed, structurally sound, compatible with the contents of the universal waste finishes, and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.

(b) A large quantity handler of universal waste may not conduct disassembling (“demanufacturing”) or processing (examples: including, but not limited to, filtering, blending, or tinting) activities on universal waste finishes. A large quantity handler who wants to demanufacture or process universal waste paint shall apply for a Class D Approval in accordance with N.J.A.C. 7:26A-3.

(6) A container (or multiple container package unit), tank, transport vehicle or other vessel in which oil-based waste finishes contained, shall be labeled or marked clearly with the following phrase: “Universal Waste – Oil-based Finish”.

(7) A large quantity handler of universal waste may accumulate universal waste for no longer than one year from the date the universal waste is generated, or received from another handler, unless the requirements of paragraph (9) of this section are met.

(8) A large quantity handler of universal waste may accumulate universal waste for longer than one year from the date the universal waste is generated, or received from another handler, if such activity is solely for the purpose of accumulation of such quantities of universal waste as necessary to facilitate proper recovery, treatment, or disposal. However, the handler bears the burden of proving that such activity was solely for the purpose of accumulation of such quantities of universal waste as necessary to facilitate proper recovery, treatment, or disposal.

(9) A large quantity handler of universal waste must be able to demonstrate the length of time that the universal waste has been accumulated from the date it becomes a waste or is received. The handler may make this demonstration by:

(a) Placing the universal waste in a container and marking or labeling the container with the earliest date that any universal waste in the container became a waste or was received;

(b) Marking or labeling the individual item of universal waste (e.g., each battery or thermostat) with the date it became a waste or was received;

(c) Maintaining an inventory system on-site that identifies the date the universal waste being accumulated became a waste or was received;

(d) Maintaining an inventory system on-site that identifies the earliest date that anyuniversal waste in a group of universal waste items or a group of containers of universal waste became a waste or was received;

(e) Placing the universal waste in a specific accumulation area and identifying the earliest date that any universal waste in the area became a waste or was received; or

(f) Any other method which clearly demonstrates the length of time that the universal waste has been accumulated from the date it becomes a waste or is received.

(10) A large quantity handler of universal waste must ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relative to their responsibilities during normal facility operations and emergencies.

(11) A large quantity handler of universal waste must immediately contain all releases of universal wastes and other residues from universal wastes.

(12) A large quantity handler of universal waste must determine whether any material resulting from the release is hazardous waste, and if so, must manage the hazardous waste in compliance with all applicable requirements of 40 CFR parts 260 through 272. The handler is considered the generator of the material resulting from the release, and is subject to 40 CFR part 262.

(13) A large quantity handler of universal waste is prohibited from sending or taking universal waste to a place other than another universal waste handler, a destination facility, or a foreign destination.

(14) If a large quantity handler of universal waste self-transports universal waste off-site, the handler becomes a universal waste transporter for those self-transportation activities and must comply with the transporter requirements of 40 CFR part 273, subpart D while transporting the universal waste.

(15) If a universal waste being offered for off-site transportation meets the definition of hazardous materials under 49 CFR 171 through 180, a large quantity handler of universal waste must package, label, mark and placard the shipment, and prepare the proper shipping papers in accordance with the applicable Department of Transportation regulations under 49 CFR parts 172 through 180;

(16) Prior to sending a shipment of universal waste to another universal waste handler, the originating handler must ensure that the receiving handler agrees to receive the shipment.

(17) If a large quantity handler of universal waste sends a shipment of universal waste to another handler or to a destination facility and the shipment is rejected by the receiving handler or destination facility, the originating handler must either:

(a) Receive the waste back when notified that the shipment has been rejected, or

(b) Agree with the receiving handler on a destination facility to which the shipment will be sent.

(18) 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:

(a) Send the shipment back to the originating handler, or

(b) If agreed to by both the originating and receiving handler, send the shipment to a destination facility.

(19) If a large quantity handler of universal waste receives a shipment containing hazardous waste that is not a universal waste, the handler must immediately notify the appropriate regional EPA office of the illegal shipment, and provide the name, address, and phone number of the originating shipper. The EPA regional office will provide instructions for managing the hazardous waste.

(20) If a large quantity handler of universal waste receives a shipment of non-hazardous, non-universal waste, the handler may manage the waste in any way that is in compliance with applicable federal, state or local solid waste regulations.

(21) Receipt of shipments. A large quantity handler of universal waste must keep a record of each shipment of universal waste received at the facility. The record may take the form of a log, invoice, manifest, bill of lading, or other shipping document. The record for each shipment of universal waste received must include the following information:

(a) The name and address of the originating universal waste handler or foreign shipper from whom the universal waste was sent;

(b) The quantity of each type of universal waste received (e.g., batteries, pesticides, thermostats);

(c) The date of receipt of the shipment of universal waste.

(22) Shipments off-site. A large quantity handler of universal waste must keep a record of each shipment of universal waste sent from the handler to other facilities. The record may take the form of a log, invoice, manifest, bill of lading or other shipping document. The record for each shipment of universal waste sent must include the following information:

(a) The name and address of the universal waste handler, destination facility, or foreign destination to whom the universal waste was sent;

(b) The quantity of each type of universal waste sent (e.g., batteries, pesticides, thermostats);

(c) The date the shipment of universal waste left the facility.

(23) A large quantity handler of universal waste must retain the records described in paragraph (21) of this section for at least three years from the date of receipt of a shipment of universal waste.

(24) A large quantity handler of universal waste must retain the records described in paragraph (22) of this section for at least three years from the date a shipment of universal waste left the facility.

(25) A large quantity handler of universal waste who sends universal waste to a foreign destination other than to those OECD countries specified in 40 CFT 262.58(a)(1) (in which case the handler is subject to the requirements of 40 CFR part 262, subpart H) must:

(a) Comply with the requirements applicable to a primary exporter in 40 CFR 262.53, 262.56(a)(1) through (4), (6), and (b), and 262.57;

(b) Export such universal waste only upon consent of the receiving country and in conformance with the EPA Acknowledgement of Consent as defined in 40 CFR part 262, subpart E; and

(c) Provide a copy of the EPA Acknowledgement of Consent for the shipment to the transporter transporting the shipment for export.

Universal Waste Transporter Requirements

(1) A universal waste transporter is:

(a) Prohibited from disposing of universal waste; and

(b) Prohibited from diluting or treating universal waste, except by responding to releases as provided in 40 CFR 273.54.

(2) A universal waste transporter must comply with all applicable U.S. Department of Transportation regulations in 49 CFR part 171 through 180 for transport of any universal waste that meets the definition of hazardous material in 49 CFR 171.8. For purposes of the Department of Transportation regulations, a material is considered a hazardous waste if it is subject to the Hazardous Waste Manifest Requirements of the U.S. Environmental Protection Agency specified in 40 CFR part 262. Because universal waste does not require a hazardous waste manifest, it is not considered hazardous waste under the Department of Transportation regulations.

(3) Some universal waste materials are regulated by the Department of Transportation as hazardous materials because they meet the criteria for one or more hazard classes specified in 49 CFR 173.2. As universal waste shipments do not require a manifest under 40 CFR 262, they may not be described by the DOT proper shipping name "hazardous waste, (l) or (s), n.o.s.", nor may the hazardous material's proper shipping name be modified by adding the word "waste".

(4) A universal waste transporter may only store the universal waste at a universal waste transfer facility for ten days or less.

(5) If a universal waste transporter stores universal waste for more than ten days, the transporter becomes a universal waste handler and must comply with the applicable requirements of subparts B or C of this part while storing the universal waste.

(6) A universal waste transporter must immediately contain all releases of universal wastes and other residues from universal wastes.

(7) A universal waste transporter must determine whether any material resulting from the release is hazardous waste, and if so, it is subject to all applicable requirements of 40 CFR parts 260 through 272. If the waste is determined to be a hazardous waste, the transporter is subject to 40 CFR part 262.

(8) A universal waste transporter is prohibited from transporting the universal waste to a place other than a universal waste handler, a destination facility, or a foreign destination.

(9) If the universal waste being shipped off-site meets the Department of Transportation's definition of hazardous materials under 49 CFR 171.8, the shipment must be properly described on a shipping paper in accordance with the applicable Department of Transportation regulations under 49 CFR part 172.

(10) A universal waste transporter transporting a shipment of universal waste to a foreign destination other than to those OECD countries specified in 40 CFR 262.58(a)(1) (in which case the transporter is subject to the requirements of 40 CFR part 262, subpart H) may not accept a shipment if the transporter knows the shipment does not conform to the EPA Acknowledgment of Consent. In addition the transporter must ensure that:

(a) A copy of the EPA Acknowledgment of Consent accompanies the shipment; and

(b) The shipment is delivered to the facility designated by the person initiating the shipment.

contact us privacy notice legal statement

department: njdep home | about dep | index by topic | programs/units | dep online | dshw home
statewide: njhome | my new jersey | people | business | government | departments | search

Copyright State of New Jersey, 1996-2002
Department of Environmental Protection
P. O. Box 402
Trenton, NJ 08625-0402

Last Updated: March 10, 2006