Federal Regulation Affecting Fluorescent & Mercury Lamp Handling & Disposal

(From the September/October 2000 issue of Demolition, published by the NADC)

Until recently, federal regulations have made it difficult and expensive to properly manage used lamps and as a result most have ended up in municipal landfills. Now the US EPA is including fluorescent and mercury lamps in the Universal Waste Rule (UWR).

The new changes in the federal regulation are designed to reduce the amount of hazardous waste items in landfills and encourage recycling, by minimizing the cost and regulatory burden on generators.  

Universal Waste Rule (UWR)

The EPA adopted the UWR in May 1995 (40 CFR Part 273). At that time, the agency allowed individual states to adopt their own UWRs or other local policies addressing lamp disposal. Most states have already adopted some policy to prohibit lamp disposal in municipal landfills and are granting handling exemptions to generators who recycle their lamps. In 1999, EPA included lamps in 40 CFR 273.

The UWR creates several new definitions and requirements for those who generate or handle lamps.

• Generator: anyone who creates waste mercury lamps (a RCRA characteristic waste >0.2 mg/I TCLP). A generator is also considered a SQHUW or LQHUW depending on how many lamps are produced in a year.

• Small Quantity Handler (SQHUW): a generator or third party who accumulates <5,000 kg at a time, up to one year. No EPA registration is required. Training and information on handling mercury lamps and emergency procedures is required. Proper marking and labeling is required.

• Large Quantity Handler (LQHUW): a generator or third party who accumulates >5,000 kg at a time, up to one year. EPA or state registration and ID# is required. Training and information on handling mercury lamps and emergency procedures is required. Proper marking and labeling is required.

• Transporter: one who transports UW lamps for <10 days. No EPA registration is required.

• UW Transfer Facility: a non-permitted storage location for <10 days.

• Destination Facility: a RCRA permitted processing, recycling or disposal facility.

Generators, Small Quantity Handlers, Large Quantity Handlers and Transporters are not allowed to dispose of hazardous lamps into municipal landfills, and must either:

• manage them as a fully regulated hazardous waste with all the RCRA requirements and the HW manifest

• recycle them at a permitted Destination Facility with reduced requirements and lower costs using a Bill of Lading

• UWR Basic Principles

• Optional for households and CESQGs (<100kg/mo.). May manage lamps as a UW or via a RCRA exemption.

• Prohibits all but the smallest quantities (only households and CESQGs) from traditional municipal landfills. Requires management in permitted RCRA landfills with strict limitations or by recycling at a permitted Destination Facility. This is less burdensome because businesses won't have to register with the EPA to obtain a generator ID# or do the reporting.

• Requires full regulatory compliance for hazardous waste if recycling is not chosen. including registration with the EPA, use of the manifest and certified HW hauler, and federal and state reporting requirements for hazardous waste land filling at RCRA Subtitle C facility. This option could greatly increase administrative shipping and disposal costs, as well as increase the potential long term liability for land filling cleanups.

• Exempts whole lamps from the HW manifest requirements and allows the use of a Bill of Lading (BOL) for shipment if they are sent for recycling. It does not require the analytical testing or reporting of whole lamps destined for recycling.

• Allows the use of a common carrier instead of a certified hazardous waste hauler for shipment to a recycling facility. This lowers shipping costs.

• Allows anyone to collect lamps provided they are taken to a Destination Facility. Allow generators and haulers to store lamps in any amount up to one year.

• Imposes minimal training and labeling requirements on generators and haulers.

The information on this important subject was provided by Full Circle, Inc., a full service recycling & disposal company.  You can contact Full Circle at (800) 775-1516, info@fcballast.com, or http://www.feballast.com