Regulatory FAQ's
Listed below
are some of the more common regulatory
questions.
Why is
mercury an environmental concern?
Mercury is a
metallic element that can accumulate in living
tissue. In sufficient concentrations, mercury
may cause adverse health effects. Sources of
mercury in the environment from human activity
include coal-burning power plants, batteries,
and fluorescent and HID lamps.
Small amounts
of mercury are a necessary component in
fluorescent and HID lamps, but when a lamp is
broken, crushed, or dispensed in a landfill or
incinerator, mercury may be released to the air,
surface water, or groundwater. Considering this,
it is a good policy to keep the mercury in
fluorescent and HID lamps out of the solid waste
stream by recycling.
How do I
know if my waste is hazardous?
All
generators of waste, except households, are
responsible for determining if their waste is
hazardous under current state and federal
regulations. Hazardous wastes can either be
included on specific lists or exhibit hazardous
characteristics. This determination can be done
by knowledge of the waste or by testing the
waste. The Toxicity Characteristic Leaching
Procedure (TCLP) is the test used to determine
if a waste exhibits a toxicity characteristic.
Wastes found to be hazardous are subject to the
hazardous waste management regulations.
What’s
Hazardous?
Persons who
generate wastes are responsible for determining
whether their wastes are hazardous. One common
method for determining whether a waste is
hazardous is the Toxicity Characteristic
Leaching Procedure (TCLP) test. The TCLP test is
a laboratory test that simulates the potential
leaching of hazardous wastes under conditions
typically found in municipal solid waste
landfills. If the concentration of mercury in
water that is passed through a sample of crushed
fluorescent lamp fragments exceeds 0.2 mg/liter,
the crushed lamp fragments are classified as a
hazardous waste. (See test method 1311 in "Test
Methods for Evaluating Solid Waste, Physical/
Chemical Methods," EPA Publication SW846 for
more information about the TCLP procedures.)
In most
cases, standard fluorescent lamps and lamp
fragments fail the TCLP test and are considered
hazardous wastes. Facilities should treat the
spent lamps and lamp fragments as hazardous
wastes unless they test the spent lamps and
fragments and determine that the wastes are
non-hazardous. Facilities should manage the
spent lamps as hazardous waste according to
applicable federal, state, and local
requirements.
New
low-mercury lamps have been introduced into the
market. While these lamps may pass the TCLP test
and be considered non-hazardous, some states -
like Minnesota and Vermont - still prohibit
persons from disposing of even these
non-hazardous lamps in a solid waste landfill.
You may want to talk with a State EPA
representative to find out how you may handle
spent lamps in your state.
Please note
that regardless of whether the State in which
you are located allows you to dispose of lamps
in your dumpster with other non-hazardous trash,
the lamps do contain mercury and mercury vapors
are released into our environment when you throw
lamps in the trash. Typically, the lamps break
in the dumpsters, during transportation or in
the landfill and release mercury into the air or
groundwater. These hazardous releases are a risk
to surrounding communities.
Facilities
that throw their spent lamps in the trash
thinking they are saving money may be mistaken.
Throwing spent lamps in the trash may result in
the person being held responsible for the
cleanup of a remote and costly Superfund site.
Because of the potential liability under
Superfund, facilities that decide to recycle their spent
lamps are making a smart decision that benefits
not only the environment but also the bottom
line.
What are
Universal Wastes?
Universal
wastes are specific hazardous waste streams that
facilities can choose to manage in an
alternative manner in place of the more complex
hazardous waste requirements. These wastes are
typically generated by many facilities and are
often not properly managed under hazardous waste
regulations.
Universal
Wastes include:
Lamps /
Bulbs –
Including fluorescent, high intensity discharge
(HID), sodium vapor, mercury vapor, neon, and
incandescent lamps Batteries – Including spent
dry cell and lead-acid batteries Pesticides –
Including certain suspended, canceled, or unused
pesticides Devices containing elemental mercury
– Including thermostats, switches, thermometers,
manometers, barometers, and various medical
devices
Does
Quantity Matter?
Yes. RCRA
(hazardous waste) requirements differ according
to the amounts of hazardous waste generated per
month by the facility. There are three main
categories of hazardous waste generators:
Conditionally
Exempt Small Quantity Generators (CESQG's) are
persons who generate 220 lbs. or less of all
hazardous wastes combined (not just lamps!).
These generators are exempt from most of the
hazardous waste regulations, which include
transportation, treatment, and disposal
requirements. They must not, however, store more
than 2200 lbs. of hazardous waste on site at any
time and must dispose of their hazardous waste
in facilities that are permitted or authorized
to accept hazardous or non-hazardous wastes.
Many states acknowledge CESQG exemptions for
paperwork, but not for disposal. Many states do
not allow CESQG to dispose of hazardous waste in
a solid waste landfill.
Small
Quantity Generators (SQG) are persons who
generate 220 to 2200 lbs. of hazardous waste per
month. These generators must keep proper records
of the waste, report to EPA, and follow
accumulation requirements. These generators can
store up to 6 months without a storage permit.
Large
Quantity Generators (LQG) generate more than
2200 lbs. of hazardous waste per month. These
generators are subject to the full hazardous
waste management requirements. These generators
cannot store hazardous wastes on site for more
than 90 days (3 months) without obtaining a
storage permit.
There are 2
categories of Universal Waste handlers:
-
Small
Quantity Handler - Generator who accumulates
less than 11,000 lbs. of universal waste
(batteries, pesticides, thermostats, or
lamps) at any time.
-
Large
Quantity Handler - Generator who accumulates
more than 11,000 lbs. of universal waste
(batteries, pesticides, thermostats, or
lamps) at any time.
Universal
Waste Storage Limits:
Both Small
and Large Quantity Generators of Universal Waste
can generally store their Universal Waste for
one year. (For more information please contact
your state Environmental Protection Agency.)
How is
controlled crushing regulated?
Controlled
crushing of lamps is regulated under both
federal and state hazardous and universal waste
regulations. The federal universal waste
regulations do not authorize on-site crushing of
fluorescent lamps but do allow the States to
write rules that will permit crushing on-site.
Most states allow the crushing of lamps on-site under the universal waste
regulations. (Some states like Ohio do not have a
universal waste category but do have a
"Characteristic By-Products" classification.
This classification is very similar to a
universal waste classification.) There are still
a few states that prohibit the Bulb Crushers
which currently include California, Vermont,
Minnesota, Missouri, Maine, Connecticut,
Pennsylvania, New Hampshire, Rhode Island and
West Virginia. New Jersey allows them provided
the facility obtains a permit.
In States
that allow crushing and classify crushed lamps
as universal wastes, persons can generally store
their waste lamps on-site for up to one year,
can ship waste lamps off-site with a bill of
lading rather than a hazardous waste manifest,
and need not include their lamps when
calculating their hazardous waste totals.
Under state
and federal hazardous waste regulations,
controlled crushing (which is what the
Fluorescent Lamp or Bulb Crusher / Compactor systems do) is
considered treatment. The hazardous waste rules
typically require a person who treats wastes to
obtain a permit. Federal and most state
hazardous waste rules, however, exempt from the
permit requirement persons who treat their
wastes "within a drum, tank, or container." (See
40 CFR 262.34).
We believe
the Fluorescent Lamp Crusher / Compactor systems fall
squarely within this exemption and many States
have acknowledged in letters that the
accumulation tank exemption applies to the
Fluorescent Lamp Crusher / Compactor systems.
If your State
does not allow crushing under its universal
waste regulations, then you typically may manage
crushing under your state's hazardous waste
regulations as a process exempt from the general
permitting requirements. Please note that
regardless of whether the lamps are managed as
universal or hazardous wastes, you must properly
dispose of the crushed lamps preferably by
shipping the crushed lamps to a permitted
recycling facility.
How do I get
more information on these regulations?
Customers are
always welcome to contact us for further
information concerning federal and state
regulations. We have access to a database of
contact names at both federal and state
environmental protection agencies, as well as
guidance papers from many states that are
available to our customers. We are more than
willing to help you learn more about applicable
regulations.
