State Universal Waste Programs in the United States
On this page:
- Why Are Universal Waste Regulations Different in Some States?
- Links to State Universal Waste Regulations
- Table Identifying Which States Have Federal and State Universal Wastes
Why Are Universal Waste Regulations Different in Some States?
State Adoption
Like in most federal environmental legislation, EPA encourages states to develop and implement their own hazardous waste programs as an alternative to direct EPA implementation. State adoption of the universal waste rules is optional because the rules are less stringent than the previous requirements under the Resource Conservation and Recovery Act (RCRA). States can create different standards (except for batteries due to the Battery Act), but they have to be equivalent to the federal regulations (i.e., they must provide equivalent protection, cannot regulate fewer handlers, etc.).
States may adopt the entire universal waste program put into place via several rules or certain provisions of the universal waste program, which are:
- General provisions,
- Provisions for batteries, pesticides, mercury-containing equipment, and lamps (states do not have to include all of them), and
- Provisions allowing the addition of new universal wastes in state.
The federal universal waste rules went into effect immediately upon the federal effective date in states and territories that are not authorized to implement their own RCRA program, including Iowa, Alaska, and Puerto Rico. EPA encourages states to adopt the 1995 universal wastes rule as well as subsequent federal universal wastes (e.g., lamps, mercury-containing equipment, aerosol cans).
State Additions
Additionally, U.S. states authorized for the Resource Conservation and Recovery Act (RCRA) universal waste rulemaking petition process found at 40 CFR 260.23 may add additional universal wastes to the state's universal waste program. In order for a state to add waste to the universal waste program:
- the waste must be generated by a wide variety of generators,
- the waste cannot be exclusive to a specific industry, and
- the waste must be hazardous.
Also, the state’s requirements for managing the waste must prevent releases to the environment and increase the likelihood that the waste be recycled or managed at a hazardous waste facility. Keep in mind that state-only universal waste is only regulated as universal waste in that state and other states that have added the same waste to their universal waste programs.
Table With State Adoption and Authorization Information with Links to State Universal Waste Regulations
The map below shows the states that have adopted the 1995 universal waste final rule (shown in green), which states have been authorized by EPA to implement it (shown in light blue) and in which states EPA administers the universal waste program (shown in orange). New rules go into effect in a state when a state adopts them into state law. When EPA authorizes a state for a new rule, EPA reviews the new state regulations subsequent to adoption to ensure they are equally as stringent as, or more stringent than the federal regulations. EPA authorizes states through a final rule and can then enforce authorized state rules. See the State Authorization page for further information about the state authorization program. Find out about your state's universal waste program by clicking on the map below:
Last updated on February 7, 2023
Below is a table with columns showing the name of each U.S. state, a link to each state's universal waste regulations (where possible), if the state adopted the 1995 universal waste final rule, and if the state is authorized by EPA to implement it.
The state name links to our Web page containing all state environmental agency websites so you can search within the state website for additional universal waste information. Many of the following links exit the site
| State Environmental Program | State Universal Waste Regulations | If Adopted the Rule | If Authorized for the Rule |
|---|---|---|---|
| Alabama | Regulations (PDF) | Yes | Yes |
| Alaska (uses Federal regulations) | Administered by EPA Region 10 | ||
| Arizona | Regulations (32 pp, 672 K, About PDF) R18-8-273 |
Yes | Yes |
| Arkansas | Regulations Reg 23, Section 273 |
Yes | Yes |
| California | Regulations Chapter 23 |
Yes | Yes |
| Colorado | Regulations | Yes | Yes |
| Connecticut | Regulations Section 22a-449(c)-113 (PDF) Incorporated by reference and has modifications |
Yes | Yes |
| State Environmental Program | State Universal Waste Regulations | If Adopted the Rule | If Authorized for the Rule |
| Delaware | Regulations | Yes | Yes |
| District of Columbia | Regulations 20 DCMR Section 4273 |
Yes | Yes |
| Florida | 62-730.185 Regulations |
Yes | Yes |
| Georgia | 391-3-11.18 Regulations uses Federal Rule |
Yes | Yes |
| Guam | Not applicable | No | No |
| Hawaii | Regulations | Yes | Yes |
| Idaho | 58.01.05-016 uses Federal Rule |
Yes | Yes |
| Illinois | Regulations | Yes | Yes |
| State Environmental Program | State's Universal Waste Regulations |
If Adopted the Rule | If Authorized for the Rule |
| Indiana | Regulations Indiana's Universal Waste Web Page] |
Yes | Yes |
| Iowa (uses Federal regulations) | Administered by EPA Region 7 | ||
| Kansas | 28-31-15 Regulations |
Yes | Yes |
| Kentucky |
Regulations (PDF)(4 pp, 129 K, About PDF) Guidance (PDF)(2 pp, 229 K, About PDF) |
Yes | Yes |
| Louisiana | Regulations | Yes | Yes |
| Maine | Regulations (PDF) Chapter 850, Section 3A |
Yes | Yes |
| Maryland | Regulations COMAR 26.13.10.06 - 26.13.10.25 |
Yes | Yes |
| State Environmental Program | State's Universal Waste Regulations |
If Adopted the Rule | If Authorized for the Rule |
| Massachusetts | Regulations (PDF) 30.1000 |
Yes | Yes |
| Michigan | R 299.9228 Regulations (PDF) |
Yes | Yes |
| Minnesota | Regulations Minn.R.7045.1400 |
Yes | Yes |
| Mississippi |
Regulations (pdf): 11 Miss. Admin. Code Pt. 3, Ch. 1. |
Yes | Yes |
| Missouri | Regulations | Yes | No |
| Montana | Yes | Yes | |
| Nebraska | Ch. 25, Title 128 Nebraska Hazardous Waste pages |
Yes | Yes |
| State Environmental Program | State's Universal Waste Regulations |
If Adopted the Rule | If Authorized for the Rule |
| Nevada | no link | Yes | Yes |
| New Hampshire | Regulations: Env-Hw 1100 | Yes | Yes |
| New Jersey | Regulations (PDF) Guidance |
Yes | No |
| New Mexico | Regulations (PDF) 20.4.1.1000 Using Federal Rule |
Yes | Yes |
| New York | Regulations | Yes | Yes |
| North Carolina | Regulations (PDF) | Yes | Yes |
| North Dakota | Regulations (PDF) 33-24-05-701 similar to Federal Rule |
Yes | Yes |
| State Environmental Program | State's Universal Waste Regulations |
If Adopted the Rule | If Authorized for the Rule |
| Ohio | 3745-273-01 Regulations |
Yes | Yes |
| Oklahoma | 252:205-3-2 Regulations (PDF) (19 pp, 87K) Using Federal Rule |
Yes | Yes |
| Oregon | Regulations | Yes | Yes |
| Pennsylvania | Regulations | Yes | Yes |
| Puerto Rico (uses Federal regulations) | Administered by EPA Region 2 | ||
| Rhode Island | Fact Sheet (PDF) | Yes | Yes |
| South Carolina | Regulations (14 pp, 122 K, About PDF) | Yes | Yes |
| South Dakota | Regulations Chapter 74:28:33 uses Federal Rule |
Yes | Yes |
| State Environmental Program | State's Universal Waste Regulations |
If Adopted the Rule | If Authorized for the Rule |
| Tennessee | Regulations | Yes | Yes |
| Texas | Regulations 30 TAC 335 |
Yes | Yes |
| U.S. Virgin Islands (uses Federal regulations) | Administered by EPA Region 2 | ||
| Utah | Regulations | Yes | Yes |
| Vermont | Regulations | Yes | Yes |
| Virginia |
Regulations |
Yes | Yes |
| Washington | Regulations 173-303-573 |
Yes | Yes |
| West Virginia | uses Federal Rule | Yes | Yes |
| Wisconsin | Regulations Chapter NR 673 |
Yes | Yes |
| Wyoming | Uses Federal Rule | Yes | Yes |
Notes about this table:
- The linked regulations may not be the most current.
- States do not have to include all of the federal universal wastes when the states adopt the rule. For example, Maine and Washington did not include pesticides and North Dakota did not include thermostats. The table below contains more detail about which states have adopted which universal wastes.
Universal Wastes in Each State and State Additions
The universal waste regulations can vary between states and states can add different types of wastes. Below is a table with columns showing the name of each U.S. state, the five types of federal universal wastes, additional universal wastes the state has added to its program, and the regulatory citation for the state's universal waste program. An "X" marked in the columns Batteries, Pesticides, Mercury-Containing Equipment, Lamps, or Aerosol Cans indicates that the state universal waste program includes that federal universal waste. States may add additional requirements for specific waste streams. As a result, variations may be present between federal Universal Waste regulations and state regulations.
| State | Batteries | Pesticides | Mercury- Containing Equipment | Lamps | Aerosol Cans | State Additions | Regulatory Citation |
|---|---|---|---|---|---|---|---|
| Alabama | X | X | X | X | DIVISION 14 335-14-11 | ||
| Alaska (uses Federal regulations) | X | X | X | X | X | ||
| Arizona | X | X | X | X | X | R18-8-273 | |
| Arkansas | X | X | X | X | consumer electronic items; cathode ray tubes (CRTs) and other electronic wastes (excludes broken and crushed lamps/debris) | Regulation 23, 273-1 | |
| California | X | X | X | X¹ | thermostats; waste cathode ray tube materials; photovoltaic modules (solar panels) | R-97-08 | |
| Colorado | X | X | X | X | X¹ | electronic devices and electronic components | 6 CCR 1007-3 Part 273 |
| Connecticut | X | X | X | thermostats; used electronics | 22a-449(c)-100 through 119 | ||
| State | Batteries | Pesticides | Mercury Containing Equipment | Lamps | Aerosol Cans | State Additions | Regulatory Citation |
| Delaware | X | X | X | X | X | Title 7, 1302, Part 273 | |
| District of Columbia | X | X | X | X | X | 20-4273 | |
| Florida | X | X | X | X | X | 62-730.185 | |
| Georgia | X | X | X | X | X | 391-3-11-.18 | |
| Hawaii | X | X | X | X | X | electronic items, solar panels | 11-273.1, Hawaii Administrative Rules |
| Idaho | X | X | X | X | X | 58.01.05.016 | |
| Illinois | X | X | X | X | X | Part 733 | |
| State | Batteries | Pesticides | Mercury Containing Equipment | Lamps | Aerosol Cans | State Additions | Regulatory Citation |
| Indiana | X | X | X | X | X | lamps-prohibition against intentionally breaking or crushing | 329 IAC 3.1-16 |
| Iowa (uses Federal regulations) | X | X | X | X | X | ||
| Kansas | X | X | X | X | 28-31-273 | ||
| Kentucky | X | X | X | X | X | 401 Kentucky Administrative Regulations (KAR) 39:080, Section 3 | |
| Louisiana | X | X | X | X | electronics; antifreeze | Title 33 Part V Chaper 38 | |
| Maine | X | X | X | cathode ray tubes; totally enclosed, non leaking polychlorinated biphenyl (PCB) ballast; architectural paint | Chapter 850, Section 3A | ||
| Maryland | X | X | X | X | fluorescent light ballasts that contain polychlorinated biphenyls (PCBs) | COMAR 26.13 | |
| State | Batteries | Pesticides | Mercury Containing Equipment | Lamps | Aerosol Cans | State Additions | Regulatory Citation |
| Massachusetts | X | X | X | X | 310 CMR 30.000 | ||
| Michigan | X | X | X | X | X | antifreeze; consumer electronics; electric lamps; pharmaceuticals, including drugs for both human and veterinary use | COMAR 26.13 |
| Minnesota | X | X | X | X | dental amalgam being recycled; pretreated dental wastewater; compressed gas cylinders | Minnesota Statutes, Chapters §18B and §115A; Minnesota Rules, Chapters 1509, 7001, and 7045 | |
| Mississippi | X | X | X | X | X | Title 11, Part 3, Chapter 1, Rule 1.21 | |
| Missouri | X | X | X | X | 10 CSR 25-16.273 | ||
| Montana | X | X | X | X | X | requirements for treatment of electric lamps | ARM 17.53 Subchapter 13 |
| Nebraska | X | X | X | X | electronic items | Chapter 25 of Title 128 | |
| State | Batteries | Pesticides | Mercury Containing Equipment | Lamps | Aerosol Cans | State Additions | Regulatory Citation |
| Nevada | X | X | X | X | Nev. Admin. Code § 444.8632 | ||
| New Hampshire | X | X | X | X | X | cathode ray tubes; waste antifreeze | Env-Hw 1100 |
| New Jersey | X | X | X | X | oil-based finishes; consumer electronics | N.J.A.C. 7:26 Subchapter 1 | |
| New Mexico | X | X | X | X | X1 | 20.4.1.1001 | |
| New York | X | X | X | X | X | §374-3.1 | |
| North Carolina | X | X | X | X | X | 13A .0119 | |
| North Dakota | X | X | X | X | X | 33-24-05-701 | |
| State | Batteries | Pesticides | Mercury Containing Equipment | Lamps | Aerosol Cans | State Additions | Regulatory Citation |
| Ohio | X | X | X | X | X1 | antifreeze; paint and paint-related wastes | OAC 3745 Chapter 273 |
| Oklahoma | X | X | X | X | 252:205 | ||
| Oregon | X | X | X | X | X | 340-113-0000 | |
| Pennsylvania | X | X | X | X | X | oil-based finishes; photographic solutions | CHAPTER 266b |
| Rhode Island | X | X | X | X | cathode ray tubes | DEM OWM-HW01-07 | |
| South Carolina | X | X | X | X | X | 61-79.273 | |
| South Dakota | X | X | X | X | 74:28:33:01 | ||
| State | Batteries | Pesticides | Mercury Containing Equipment | Lamps | Aerosol Cans | State Additions | Regulatory Citation |
| Tennessee | X | X | X | X | X | 1200-01-11-.12 | |
| Texas | X | X | X | X | X | paint and paint-related waste | Title 30 Part 1 Chapter 335 Sub Chapter H, Division 5 |
| Utah | X | X | X | X | X1 | anti-freeze | R315-273-1 |
| Vermont | X | X | X | X | X | PCB-containing fluorescent light ballasts; cathode ray tubes; paint and paint-related wastes | SUBCHAPTER 9; Section 7-910 |
| Virginia | X | X | X | X | X | Crushing of lamps may be allowed at the universal waste handler under certain circumstances | 9VAC20-60-273 |
| Washington | X | X | X | WAC 173-303-573 | |||
| West Virginia | X | X | X | X | X | §33-20-13 | |
| Wisconsin | X | X | X | X | NR 673 | ||
| Wyoming | X | X | X | X | X | Section 273 |
1. States which adopted aerosol cans prior to federal rule being promulgated, state rule functionally equivalent to federal rule