Citation Case Study: Fluorescent Lamps Hazardous Waste Violation
Are fluorescent lamps hazardous waste? Learn one company's experience with multiple hazardous waste citations over one unboxed lamp.
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?
A company was found with one spent 8’ fluorescent lamp on a shelf.
40 CFR 273.13(d)(1), 273.14(e), and 273.15(c)
The company was cited with hazardous waste violations for
- 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.
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.
###Are you maintaining your fluorescent lamps properly? What about the other wastes at your facility? iSi can help you determine what you’re currently doing correctly and which areas need changes. Let us come take a look at your facility today!
Frequently Asked Questions
Q: Are all fluorescent lamps considered universal waste?
A: Under 40 CFR Part 273, spent fluorescent lamps containing mercury are designated as universal waste and must be managed according to specific containerization and labeling requirements. Non-hazardous fluorescent lamps may have different requirements, but iSi Environmental recommends testing or documentation to verify hazardous status before placing lamps in waste streams.
Q: What are the specific labeling and dating requirements for universal waste lamps?
A: Universal waste lamps must be stored in a labeled container marked “Universal Waste – Lamps” with an accumulation start date. As demonstrated in this citation case study, individual lamps found outside designated containers must themselves be labeled and dated, even if a proper container exists elsewhere in the facility.
Q: What TCLP threshold determines if a lamp is hazardous?
A: Fluorescent lamps are hazardous if they exceed the TCLP (Toxicity Characteristic Leaching Procedure) threshold for mercury. This case study illustrates that assuming non-hazardous status based on lamp type or retailer is not sufficient; documentation supporting non-hazardous status is necessary to defend against citations.
Q: How long can universal waste lamps be accumulated before they must be disposed of?
A: Under 40 CFR 273, universal waste lamps may be accumulated for up to one year from the accumulation start date, though iSi Environmental recommends more frequent disposal schedules to minimize compliance risk and environmental exposure.
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