Citation Case Study: Fluorescent Lamps Hazardous Waste Violation
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The following is an example of a fluorescent lamp hazardous waste citation given to a manufacturing facility by a state’s environmental regulatory agency. The company appealed to the state’s Office of Administrative Hearings. Although this particular citation was from a state regulatory agency, the citation referenced a federal hazardous waste regulation and thus this issue may be cited in any location.
Can this scenario be found at your facility?
Scenario: A company was found with one spent 8’ fluorescent lamp on a shelf.
The Citation: 40 CFR 273.13(d)(1), 273.14(e), and 273.15(c)
The company was cited with hazardous waste violations for 1) Failure to containerize lamp; 2) Failure to label lamp as Universal Waste; and, 3) Failure to mark lamp with accumulation start date
The company tried to prove that the lamps used are non-hazardous (do not contain mercury above the TCLP limit) and were purchased from Lowe’s by providing receipts. However, receipts found were from 4’ lamps and not 8’ lamps.
The company also stated that a marked container was indeed present for lamps (and the state environmental agency acknowledged a container marked “Universal Waste – Lamps” was present in their notes from the inspection). The company argued that therefore, they should not be cited for the container violations of failure to label and failure to date, only the failure to containerize.
The Ruling in Appeal:
It was found that while the fluorescent lamp was ultimately placed in the container as required, that it did not detract from the fact that, upon inspection, the spent lamp had not been placed in a container. Moreover, since the lamp was not in a labeled container, the regulation requires that the lamp itself be labeled. If the lamp was not in that container then it must be labeled, according to the regulation. Likewise, the fluorescent lamp needed to be dated to indicate when it became waste. While the there was a labeled and dated container in the facility, the lamp in question was not in that container. Because the lamp was not in the container maintained by the facility, the company was in technical violation of all three regulations.
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Frequently Asked Questions
Q: Are used fluorescent lamps classified as hazardous waste under EPA regulations?
Fluorescent lamps containing mercury above the TCLP (Toxicity Characteristic Leaching Procedure) limit are classified as Universal Waste under 40 CFR Part 273. Many common fluorescent lamps contain mercury and are therefore hazardous waste. EPA presumes fluorescent lamps are hazardous unless the manufacturer provides documentation proving they do not exceed the mercury threshold. Facilities must treat all fluorescent lamps as Universal Waste unless they have specific documentation proving otherwise. iSi Environmental helps facilities determine which lamp types are hazardous and establish compliant management systems.
Q: What are the specific EPA regulatory requirements for accumulating and storing spent fluorescent lamps?
Spent fluorescent lamps must be containerized in a labeled container within one year of becoming waste (40 CFR 273.13 and 273.14). Containers must be marked “Universal Waste—Lamps” and dated with the accumulation start date. Individual lamps that are not yet placed in a labeled, dated container must themselves be labeled and dated per 40 CFR 273.15. Failure to containerize, label, or date lamps can result in EPA or state environmental citations and fines. iSi Environmental ensures facilities maintain compliant lamp storage and documentation systems.
Q: What constitutes a violation of universal waste lamp storage requirements?
A violation occurs when spent lamps are found outside of properly labeled and dated containers, even if labeled containers are present elsewhere in the facility. Each individual lamp must either be: (1) placed in a labeled, dated container, or (2) individually labeled and dated if not containerized. Regulatory agencies strictly enforce these requirements because mercury contamination from improper lamp disposal poses environmental and health risks. iSi Environmental conducts hazardous waste audits to identify and correct lamp storage violations before regulatory inspections.
Q: How can facilities prove that fluorescent lamps are not hazardous waste?
Facilities can provide manufacturer documentation or Material Safety Data Sheets (MSDS) showing that lamps do not contain mercury above the TCLP threshold. However, regulatory agencies often presume fluorescent lamps are hazardous because many contain mercury. Documentation must be specific to the lamp model and size in use; generic documentation (such as receipts for different lamp sizes) is insufficient. The safest approach is to treat all fluorescent lamps as Universal Waste unless specific manufacturer documentation confirms otherwise. iSi Environmental helps facilities compile and maintain required documentation for lamp classification.
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