Fluorescent lights / mercury-containing lamps (universal waste)
Virginia previously incorporated language in Part XVI of the hazardous waste management regulations that included mercury-containing lamps as a state-declared universal waste. Amendment 15 of the hazardous waste regulations, Section 9 VAC 20-60-273, incorporates the federal universal waste rule language by reference. Virginia included mercury containing lamps as a state-declared universal waste prior to the adoption of federal standards. General management requirements for these universal wastes (both small quantity handlers and large quantity handlers) are in accordance with the federal requirements as adopted by reference in 9 VAC 20-60-273, with certain additional provisions included from the previous Virginia regulations.
Please note that the "universal waste rule" does not authorize disposal of fluorescent lamps or other mercury-containing lamps in landfills.
There has been some confusion and misinformation on this point. Management of mercury containing lamps under Virginia's special provisions is based on a "recycling presumption", i.e., in order to qualify for the reduced management requirements the lamps must be collected or managed for recycling/reclamation within the general guidelines of the federal universal waste requirements. Lamps that are to be "disposed of" rather than legitimately recycled/reclaimed are subject to full regulation as hazardous wastes if they exhibit a hazardous waste characteristic. Generators who do not manage their mercury-containing lights under the universal waste conditional exclusion may refer to the previous Virginia guidance paper on fluorescent light management for disposal information.
Please note that broken lights unsuitable for reclaim, contaminated residues, and all other mercury-containing wastes not meeting the criteria of 9 VAC 20-60-273 are potentially subject to full regulation as hazardous waste. NOTE THAT 9 VAC 20-60-273 and Part XVI OF THE REGULATIONS APPLIES ONLY TO MERCURY-CONTAINING LAMPS AND DOES NOT INCLUDE ANY OTHER MERCURY CONTAINING DEVICES (e.g., thermometers, barometers, scientific instruments).
Mercury-containing Lamp Crushing
To encourage recycling and reclamation of mercury containing bulbs, Virginia does recognize and allow the use of bulb crushing devices meeting certain standards of operations. Crushed bulb residues may be managed for reclamation, not disposal, as a universal waste under these regulations. The specific requirements for management and use of bulb crushing devices may be found at 9 VAC 20-60-273. Please refer to the regulations for the specific language.
In general the requirements for bulb crusher operation specify that the crushers must be operated indoors, be equipped with pollution control devices (HEPA, activated charcoal etc.), and they must be certified that they will meet certain OHSA standards. The facility must develop a written procedure for their operation. Routine maintenance, operation, and filter changes must be in accordance with the manufacturer's directions, a logbook verifying their operation and maintenance must be maintained, and operators must be trained to operate them correctly.
Virginia adopted these standards because most commercial lamp crusher vendors certify that their equipment meets the OSHA standards we have adopted. In lieu of the operating facility being required to perform frequent , extensive, and expensive industrial hygiene surveys for mercury exposure, we believe that the manufacturer's claim is acceptable as long as the devices are operated in accordance with their certifications.
The handler must store the crushed lamps in closed, non-leaking drums or containers that are in good condition. Transfer of the crushed lamps to other drums or containers is not permitted.
For generators sending their lamps to universal waste reclamation/recycling facilities in other states -- as long as the receiving state recognizes the facility as a proper universal waste handler/reclaimer within its regulatory scope, operating for the purpose of recycling/reclamation of the subject universal wastes, Virginia DEQ will also accept such facilities as proper receiving facilities for crushed universal waste lamps. DEQ does not at present have information about facilities operating in other states, nor does DEQ maintain a list of "approved" facilities. Virginia generators managing their waste through facilities operating in other states are encouraged to contact the corresponding state agency for information on the facility's regulatory status. If receiving states will not accept crushed lamps for reclamation as a universal waste, the generator would be required to label and manifest in accordance with the receiving state's requirements at the time of off-site shipment.
Low Mercury Lamps
Several manufacturers have developed products marketed as "low mercury" lamps, and generally substantiate this claim by stating that they do not fail the TCLP characteristic for hazardous waste. DEQ does not specifically endorse any manufacturer's claim, but recognizes that many manufacturers provide this information to their customers in support of their low mercury lamp products.
Generators may use the manufacturer's claim to support a knowledge-based waste characterization determination. Ultimately, any waste management liability on the part of the generator would depend on the accuracy of the manufacturer's claim and the generator's subsequent reliance on that information in making their waste characterization decision. We have found that most manufacturers making this claim have substantial data to demonstrate their conclusions. However, please bear in mind that their data is specific only to their products; any aggregate waste stream may differ if it contains other lamps.
As a "best management practices" policy, Virginia DEQ encourages generators to manage all mercury containing lamps under the provisions of the Universal Waste Rule. Even though these lamps may be managed as a non-hazardous waste if they do not fail TCLP and would be acceptable for landfill disposal, DEQ strongly recommends that generators of substantial quantities of them recycle them as a Universal Waste. We believe this prudent and environmentally responsible position will not only ensure future longevity of our landfills but will also minimize possible load rejection by landfill operators and potential calls for legislation for an outright ban on all fluorescent lamp disposal in landfills, with consequent higher management costs for all.