State Regulations

State Regulations

Recycling laws by state

Why do recycling laws differ from state to state? The EPA sets the federal baseline, but each state decides how to adopt and expand it. Here's how it works — plus a full reference table of every state's universal waste program. Source: U.S. EPA — State Universal Waste Programs

State adoption

The EPA encourages states to run their own hazardous waste programs instead of direct EPA management. Adopting the universal waste rules is optional because they're less stringent than prior RCRA requirements. States can set different standards (except for batteries, under the Battery Act), but they must be at least equivalent to federal rules.

States may adopt an entire rule or specific provisions:

  • General provisions
  • Provisions for batteries, pesticides, mercury-containing equipment, and lamps
  • Provisions allowing new universal wastes to be added within the state

The rules took effect immediately in non-RCRA-authorized states and territories (Iowa, Alaska, Puerto Rico).

State additions

RCRA-authorized states may add their own universal wastes to the program. To qualify, a waste must:

  • Be generated by a wide variety of generators
  • Not be exclusive to a single specific industry
  • Be hazardous

The state must also have a collection system in place and show the program will increase the likelihood the waste is recycled. A state-added universal waste is only regulated as such in that state (and others that add the same waste).

Reference Table

Universal waste programs by state

Each state's environmental program, a link to its universal waste regulations, whether it adopted the 1995 universal waste final rule, and whether it's authorized for that rule.

State Environmental Program

State Universal Waste Regulations

If Adopted the Rule

If Authorized for the Rule

Alabama

Alabama Department of Environmental Management (DEM) Alabama DEM Waste/Remediation Programs		 Regulations (PDF) (1,059 pp, 3.7MB) Yes Yes

Alaska

(uses Federal regulations) Alaska Department of Environmental Conservation		 Administered by EPA Region 10

Arizona

Arizona Department of Environmental Quality (DEQ) Arizona DEQ Waste Programs Division		 Regulations R18-8-273 Yes Yes

Arkansas

Arkansas Department of Environmental Quality (DEQ) Arkansas DEQ Hazardous Waste Division Arkansas DEQ Solid Waste Management Division Arkansas DEQ Regulated Storage Tanks Division 		Regulations Reg 23, Section 273 Yes Yes

California

California Environmental Protection Agency California Department of Toxic Substances Control California Department of Resources Recycling and Recovery (CalRecycle) California Department of Public Health, Medical Waste Management Program		 Regulations Chapter 23 Yes Yes

Colorado

Colorado Department of Public Health & Environment (CDPHE) CDPHE Hazardous Materials and Waste Management		 Regulations (PDF) (6 pp, 58K) Yes Yes

Connecticut

Connecticut Department of Environmental Protection (DEP) Connecticut DEP Hazardous Waste Connecticut DEP Reduce, Reuse, Recycle website Connecticut DEP Pollution Prevention website Connecticut DEP Underground Storage Tank Program 		Regulations Section 22a-449(c)-113 (PDF) (131 pp, 531K) 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

Delaware Department of Natural Resources & Environmental Control (DNREC) Delaware DNREC Division of Waste and Hazardous Substances Delaware DNREC Solid and Hazardous Waste website Delaware DNREC Underground Storage Tank Compliance Program 		Regulations (PDF) (19 pp, 83K) Yes Yes

District of Columbia

District of Columbia Department of the Environment 		Yes Yes

Florida

Florida Department of Environmental Protection (DEP) Florida DEP Waste Management Florida DEP Bureau of Solid and Hazardous Waste Florida DEP Bureau of Petroleum Storage Systems Florida Department of Health – Biomedical Waste 		62-730.185 Regulations (PDF) (28 pp, 138K) Yes Yes

Georgia

Georgia Department of Community Affairs – Environmental Management Georgia Department of Natural Resources (DNR) Georgia DNR Environmental Protection Division 		391-3-11.18 Regulations (PDF) (13 pp, 44K) uses Federal Rule Yes Yes

Hawaii

Hawaii Department of Health Hawaii Department of Health Solid and Hazardous Waste Branch 		Regulations (PDF) (29 pp, 156K) Yes Yes

Idaho

Idaho Department of Environmental Quality (DEQ) Idaho DEQ Waste Management and Remediation		 58.01.05-016 uses Federal Rule Yes Yes

Illinois

Illinois Environmental Protection Agency (EPA) Illinois EPA Waste Management for Businesses website Illinois EPA Waste Management for Local Governments website		 Regulations (PDF) (42 pp, 144K) Yes Yes

State Environmental Program

State's Universal Waste Regulations

If Adopted the Rule

If Authorized for the Rule

Indiana

Indiana Department of Environmental Management		 Regulations Yes Yes

Iowa

(uses Federal regulations) Iowa Department of Natural Resources Waste Management		 Administered by EPA Region 7

Kansas

Kansas Department of Health and Environment (DHE) Kansad DHE Division of the Environment Kansas DHE Bureau of Waste Management Kansas DHE Storage Tank Section		 28-31-15 Regulations (PDF) (19 pp, 83K) Yes Yes

Kentucky

Kentucky Department for Environmental Protection Kentucky Division of Waste Management		 Regulations Guidance (PDF) (12 pp, 251K) Yes Yes

Louisiana

Louisiana Department of Environmental Quality (DEQ) Louisiana DEQ Reduce, Reuse, Recycle website Louisiana DEQ Land Program		 Regulations (PDF) (705 pp, 5.6MB) Yes Yes

Maine

Maine Department of Environmental Protection (DEP) Maine DEP Hazardous Waste and Universal Waste website Maine DEP Solid Waste Management 		Yes Yes

Maryland

Maryland Department of the Environment Maryland Department of the Environment Land Programs		 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

Massachusetts Department of Environmental Protection (DEP) Massachusetts DEP Waste and Recycling website Massachusetts DEP Hazardous Waste Management website 		Regulations (PDF) (429 pp, 2.2MB) 30.1000 Yes Yes

Michigan

Michigan Department of Environmental Quality (DEQ) Michigan DEQ Waste website		 R 299.9228 Regulations (272 pp, 943K) Yes Yes

Minnesota

Minnesota Pollution Control Agency (PCA) Minnesota PCA Waste website		 Regulations Minn.R.7045.1400 Yes Yes

Mississippi

Mississippi Department of Environmental Quality 		Yes Yes

Missouri

Missouri Department of Natural Resources (DNR) Missouri DNR Hazardous Waste Program Missouri DNR Solid Waste Management Program		 Regulations (PDF) (5 pp, 23K) Yes No

Montana

Montana Department of Environmental Quality (DEQ) Montana DEQ Recycling and Waste Reduction website Montana DEQ Hazardous Waste Program 		Regulations (PDF) (3 pp, 23K) Yes Yes

Nebraska

Nebraska Department of Environmental Quality (DEQ) Nebraska DEQ Land and Waste Programs		 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

Nevada Division of Environmental Protection (DEP) Nevada DEP Bureau of Waste Management		 Yes Yes

New Hampshire

New Hampshire Department of Environmental Services (DES) New Hampshire DES Pollution Prevention website New Hampshire DES Hazardous Waste Management website New Hampshire DES Household Hazardous Waste website		 Regulations Yes Yes

New Jersey

New Jersey Department of Environmental Protection (DEP) New Jersey DEP Solid and Hazardous Waste Management Program 		Regulations (PDF) (108 pp, 611K) Guidance Yes No

New Mexico

New Mexico Environment Department		 Regulations 20.4.1.1000 Using Federal Rule Yes Yes

New York

New York Department of Environmental Conservation (DEC) New York DEC Waste Management website New York DEC Recycling and Composting website		 Regulations Yes Yes

North Carolina

North Carolina Department of Environment and Natural Resources (DENR) North Carolina DENR Environmental Assistance and Outreach		 Regulations - scroll down to universal waste management Yes Yes

North Dakota

North Dakota Department of Health North Dakota Department of Health Division of Waste Management		 Regulations (PDF) (966 pp, 4.2MB) 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

Ohio Environmental Protection Agency (EPA) Ohio EPA Division of Materials and Waste Management 		3745-273-01 Regulations Yes Yes

Oklahoma

Oklahoma Department of Environmental Quality (DEQ) Oklahoma DEQ Land Protection Division		 252:205-3-2 Regulations (PDF) (19 pp, 87K) Using Federal Rule Yes Yes

Oregon

Oregon Department of Environmental Quality (DEQ) Oregon DEQ Land Quality website Oregon DEQ Hazardous Waste website Oregon DEQ Solid Waste website Oregon DEQ Tanks website		 Regulations Yes Yes

Pennsylvania

Pennsylvania Department of Environmental Protection (DEP) Pennsylvania DEP Waste Programs website for Businesses Pennsylvania DEP Recycling and Disposal website for Citizens Pennsylvania DEP Storage Tanks website for Businesses		 Regulations Yes Yes

Rhode Island

Rhode Island Department of Environmental Management (DEM) Rhode Island DEM Office of Waste Management Rhode Island DEM Pollution Prevention Program 		Fact Sheet (PDF) (7 pp, 23K) Yes Yes

South Carolina

South Carolina Department of Health and Environmental Control (DHEC) South Carolina Department of Health and Environmental Control – Environment South Carolina DHEC Land and Waste Management South Carolina DHEC Underground Storage Tanks website		 Regulations (PDF) (14 pp, 135K) Yes Yes

South Dakota

South Dakota Department of the Environment and Natural Resources (DENR) South Dakota DENR Hazardous Waste Program South Dakota DENR Solid Waste Program South Dakota DENR Reduce, Reuse, Recycle website		 Regulations (Word) 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

Tennessee Department of Environment & Conservation Tennessee Department of Environment & Conservation Hazardous Waste Management website		 Regulations (PDF) (28 pp, 106K) Yes Yes

Texas

Texas Commission on Environmental Quality (CEQ) Texas CEQ Waste Index Texas CEQ Recycling Index		 Yes Yes

Utah

Utah Department of Environmental Quality (DEQ) Utah DEQ Division of Waste Management and Radiation Control		 Regulations Yes Yes

Vermont

Vermont Agency of Natural Resources (ANR) Vermont ANR Waste Management Division 		Regulations (PDF) (20 pp, 44K) Yes Yes

Virginia

Virginia Department of Environmental Quality (DEQ) Virginia DEQ Recycling and Litter Prevention website Virginia DEQ Land Protection & Revitalization website		 Yes Yes

Washington

Read more about our Washington recycling program here. Washington Department of Ecology Washington Department of Ecology Hazardous Waste & Toxics Reduction Washington Department of Ecology Waste website Washington Department of Ecology Waste 2 Resources website 		Regulations 173-303-573 Yes Yes

West Virginia

West Virginia Department of Environmental Protection (DEP) West Virginia DEP Water and Waste website West Virginia DEP Pollution Prevention and Open Dump Program		 uses Federal Rule Yes Yes

Wisconsin

Wisconsin Department of Natural Resources (DNR) Wisconsin DNR Managing Waste and Materials website 		Regulations (PDF) (10 pp, 82K) Yes Yes

Wyoming

Wyoming Department of Environmental Quality (DEQ) Wyoming DEQ Solid and Hazardous Waste Division 		Uses Federal Rule Yes Yes
Notes about this table:
  • Adoptions/authorization status listed was last updated on June 7, 2006.
  • 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 four 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 or Lamps indicates that the state universal waste program includes that federal universal waste.
State Batteries Pesticides Mercury- Containing Equipment Lamps State Additions Regulatory Citation
Alabama X X X X DIVISION 14 335-14-11
Alaska (uses Federal regulations) X X X X
Arizona 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
California X X thermostats; waste cathode ray tube materials R-97-08
Colorado X aerosol cans; electronic devices and electronic components
Connecticut X X X thermostats; lamps; used electronics 22a-449(c)-100 through 119
State Batteries Pesticides Mercury Containing Equipment Lamps State Additions Regulatory Citation
Delaware X X X X
District of Columbia X X X X
Florida X X X X universal pharmaceutical waste 62-730.185
Georgia X X X X 391-3-11-.18
Hawaii X X thermostats 11-273
Idaho X X X X 58.01.05.016
Illinois X X X X Part 733
State Batteries Pesticides Mercury Containing Equipment Lamps State Additions Regulatory Citation
Indiana X X X discarded mercury-containing thermostats; lamps-prohibition against intentionally breaking or crushing
Iowa (uses Federal regulations) X X X X
Kansas X X X X
Kentucky X X X X Chapter 43.10
Louisiana X X X X electronics; antifreeze Title 33 Part V Chaper 38
Maine X X cathode ray tubes; mercury thermostats; motor vehicle mercury switches; totally enclosed, non leaking polychlorinated biphenyl (PCB) ballast
Maryland X X X X fluorescent light ballasts that contain polychlorinated biphenyls (PCBs)
State Batteries Pesticides Mercury Containing Equipment Lamps State Additions Regulatory Citation
Massachusetts X X X mercury-containing devices 310 CMR 30.000
Michigan X X X X antifreeze; consumer electronics; electric lamps; devices containing elemental mercury (including thermostats, switches, thermometers, manometers, barometers, anti-locking braking systems (ABS), gas flow regulators, hydrometers, blood pressure cuffs and various medical devices, etc); pharmaceuticals, including drugs for both human and veterinary use
Minnesota X X X X
Mississippi X X X X HW-1
Missouri X Batteries 10 CSR 25-16.273
Montana 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
Stat

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