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Recycling Laws By State
Why Are Recycling Laws Different In Some States?
All of the following is from the EPA website.
State Adoption
Like in most federal environmental legislation, EPA encourages states to develop and run their own hazardous waste programs as an alternative to direct EPA management. 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 an entire rule or certain provisions of a rule, 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 universal waste rules went into effect immediately in states and territories that are not RCRA-authorized including Iowa, Alaska, and Puerto Rico. State adoption of the 1995 universal wastes rule as well as subsequent federal universal wastes (e.g., lamps, mercury-containing equipment) are strongly encouraged.
State Additions
Additionally, U.S. states authorized for the Resource Conservation and Recovery Act (RCRA) petition process 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 must have a collection system in place and ensure that the universal waste program will increase the likelihood that the waste will be recycled. Keep in mind that state universal waste is only regulated as universal waste in that state and other states that have the same waste added to their universal waste programs.
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 for that rule.
State Environmental Program |
State Universal Waste Regulations |
If Adopted the Rule |
If Authorized for the Rule |
|---|---|---|---|
AlabamaAlabama 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 | ||
ArizonaArizona Department of Environmental Quality (DEQ) Arizona DEQ Waste Programs Division |
Regulations R18-8-273 |
Yes | Yes |
ArkansasArkansas Department of Environmental Quality (DEQ) Arkansas DEQ Hazardous Waste Division |
Regulations Reg 23, Section 273 |
Yes | Yes |
CaliforniaCalifornia 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 | No |
ColoradoColorado Department of Public Health & Environment (CDPHE) CDPHE Hazardous Materials and Waste Management |
Regulations (PDF) (6 pp, 58K) |
Yes | Yes |
ConnecticutConnecticut Department of Environmental Protection (DEP) Connecticut DEP Hazardous Waste Connecticut DEP Reduce, Reuse, Recycle website |
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 |
DelawareDelaware Department of Natural Resources & Environmental Control (DNREC) Delaware DNREC Division of Waste and Hazardous Substances Delaware DNREC Solid and Hazardous Waste website |
Regulations (PDF) (19 pp, 83K) |
Yes | Yes |
District of Columbia |
Yes | Yes | |
FloridaFlorida Department of Environmental Protection (DEP) Florida DEP Waste Management Florida DEP Bureau of Solid and Hazardous Waste Florida DEP Bureau of Petroleum Storage Systems |
62-730.185 Regulations (PDF) (28 pp, 138K) |
Yes | Yes |
GeorgiaGeorgia Department of Community Affairs – Environmental Management |
391-3-11.18 Regulations (PDF) (13 pp, 44K) uses Federal Rule |
Yes | Yes |
HawaiiHawaii Department of Health Solid and Hazardous Waste Branch |
Regulations (PDF) (29 pp, 156K) |
Yes | Yes |
IdahoIdaho Department of Environmental Quality (DEQ) Idaho DEQ Waste Management and Remediation |
58.01.05-016 uses Federal Rule |
Yes | Yes |
IllinoisIllinois 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 | No |
State Environmental Program |
State’s
|
If Adopted the Rule |
If Authorized for the Rule |
IndianaIndiana Department of Environmental Management |
Regulations [See also 329 IAC 3.1-16-1in Article 3.1 (PDF) (6 pp, 45K)] |
Yes | Yes |
Iowa(uses Federal regulations) Iowa Department of Natural Resources Waste Management |
Administered by EPA Region 7 | ||
KansasKansas 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 | No |
KentuckyKentucky Department for Environmental Protection Kentucky Division of Waste Management |
Regulations Guidance (PDF) (12 pp, 251K) |
Yes | No |
LouisianaLouisiana Department of Environmental Quality (DEQ) Louisiana DEQ Reduce, Reuse, Recycle website Louisiana DEQ Land Program |
Regulations (PDF) (705 pp, 5.6MB) |
Yes | Yes |
MaineMaine Department of Environmental Protection (DEP) |
Yes | Yes | |
MarylandMaryland 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
|
If Adopted the Rule |
If Authorized for the Rule |
MassachusettsMassachusetts Department of Environmental Protection (DEP) |
Regulations (PDF) (429 pp, 2.2MB) 30.1000 |
Yes | Yes |
MichiganMichigan Department of Environmental Quality (DEQ) Michigan DEQ Waste website |
R 299.9228 Regulations (272 pp, 943K) |
Yes | Yes |
MinnesotaMinnesota Pollution Control Agency (PCA) Minnesota PCA Waste website |
Regulations Minn.R.7045.1400 |
Yes | Yes |
Mississippi |
Yes | Yes | |
MissouriMissouri Department of Natural Resources (DNR) Missouri DNR Hazardous Waste Program Missouri DNR Solid Waste Management Program |
Regulations (PDF) (5 pp, 23K) |
Yes | No |
MontanaMontana Department of Environmental Quality (DEQ) Montana DEQ Recycling and Waste Reduction website |
Regulations (PDF) (3 pp, 23K) |
Yes | Yes |
NebraskaNebraska 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
|
If Adopted the Rule |
If Authorized for the Rule |
NevadaNevada Division of Environmental Protection (DEP) Nevada DEP Bureau of Waste Management |
Yes | Yes | |
New HampshireNew 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 JerseyNew Jersey Department of Environmental Protection (DEP) |
Regulations (PDF) (108 pp, 611K) Guidance |
Yes | No |
New MexicoNew Mexico Environment Department |
Regulations 20.4.1.1000 Using Federal Rule |
Yes | Yes |
New YorkNew York Department of Environmental Conservation (DEC) New York DEC Waste Management website New York DEC Recycling and Composting website |
Regulations | Yes | Yes |
North CarolinaNorth 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 DakotaNorth 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
|
If Adopted the Rule |
If Authorized for the Rule |
OhioOhio Environmental Protection Agency (EPA) |
3745-273-01 Regulations |
Yes | Yes |
OklahomaOklahoma Department of Environmental Quality (DEQ) Oklahoma DEQ Land Protection Division |
252:205-3-2 Regulations (PDF) (19 pp, 87K) Using Federal Rule |
Yes | Yes |
OregonOregon 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 |
PennsylvaniaPennsylvania Department of Environmental Protection (DEP) |
Regulations | Yes | Yes |
Rhode IslandRhode Island Department of Environmental Management (DEM) |
Fact Sheet (PDF) (7 pp, 23K) |
Yes | Yes |
South CarolinaSouth 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 DakotaSouth 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
|
If Adopted the Rule |
If Authorized for the Rule |
TennesseeTennessee Department of Environment & Conservation Tennessee Department of Environment & Conservation Hazardous Waste Management website |
Regulations (PDF) (28 pp, 106K) |
Yes | Yes |
TexasTexas Commission on Environmental Quality (CEQ) Texas CEQ Waste Index Texas CEQ Recycling Index |
Yes | Yes | |
UtahUtah Department of Environmental Quality (DEQ) Utah DEQ Division of Waste Management and Radiation Control |
Regulations | Yes | Yes |
Vermont |
Regulations (PDF) (20 pp, 44K) |
Yes | Yes |
VirginiaVirginia Department of Environmental Quality (DEQ) Virginia DEQ Recycling and Litter Prevention website Virginia DEQ Land Protection & Revitalization website |
Yes | Yes | |
WashingtonRead more about our Washington recycling program here. Washington Department of Ecology Washington Department of Ecology Hazardous Waste & Toxics Reduction |
Regulations 173-303-573 |
Yes | Yes |
West VirginiaWest 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 |
Regulations (PDF) (10 pp, 82K) |
Yes | Yes |
Wyoming |
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 |
| State | Batteries | Pesticides | Mercury Containing Equipment | Lamps | State Additions | Regulatory Citation |
| Nevada | ||||||
| New Hampshire | 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 | 20.4.1.1001 | |||||
| New York | X | X | X | thermostats | §374-3.1 | |
| North Carolina | X | X | X | X | 13A .0119 | |
| North Dakota | ||||||
| State | Batteries | Pesticides | Mercury Containing Equipment | Lamps | State Additions | Regulatory Citation |
| Ohio | X | X | X | X | OAC 3745 Chapter 273 | |
| Oklahoma | X | X | X | X | 252:205 | |
| Oregon | X | X | X | X | 340-113-0000 | |
| Pennsylvania | X | X | X | X | oil-based finishes | CHAPTER 266b |
| Rhode Island | X | X | X | X | thermostats; cathode ray tubes | DEM OWM-HW01-07 |
| South Carolina | ||||||
| South Dakota | 74:28:33:01 | |||||
| State | Batteries | Pesticides | Mercury Containing Equipment | Lamps | State Additions | Regulatory Citation |
| Tennessee | X | X | X | X | 1200-01-11-.12 | |
| Texas | X | X | X | X | mercury-containing equipment, including thermostats; paint and paint-related waste | Title 30 Part1 Chapter 335 Sub Chapter H, 5§335.261 |
| Utah | X | X | X | thermostats | R315-16 | |
| Vermont | X | X | X | X | thermostats; PCB-containing fluorescent light ballasts; cathode ray tubes | SUBCHAPTER 9 |
| Virginia | X | X | X | X | Universal waste lamps may be crushed or intentionally broken on the site of generation to reduce their volume; however, breaking, crushing, handling, and storage must occur in a safe and controlled manner that minimizes the release of mercury to the workplace and the environment and must comply with 29 CFR 1910.1000. | 9VAC20-60-273. |
| Washington | X | X | X | WAC 173-303-573 | ||
| West Virginia | X | X | X | X | §33-20-13 | |
| Wisconsin | X | X | X | thermostats | NR 673 | |
| Wyoming | X | X | X | X | Ch. 14 |