State-by-State Stringency Comparison Table
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What is Stringency?

State policies for hazardous waste management are not always the same as federal policies. Several states have adopted policies that are more stringent (using higher standards) than the federal rules. Under federal law, state regulations are allowed to be more stringent, but not less stringent than federal policies. In the area of hazardous and universal waste management, the U.S. Environmental Protection Agency (EPA) has developed minimum standards, which include some exemptions for waste and some for generators. While federal policy allows certain mercury-containing lamps to be landfilled, the states may prohibit this. In the area of spent lamps, over half of the 50 states have standards that are more stringent. This is why we encourage you to make sure you know what is required in your state. Whether your state regulates more stringently or not, all states and EPA encourage the recycling of spent mercury-containing lamps.

Exemptions

Eligibility for exemptions is often complex to interpret; there may be several inter-related factors, and occasionally the requirements to exploit an exemption are more costly and time consuming than not using the exemption at all. This may be the case for spent lamps. For example, factors that may affect disposal options include:

1) .The size of the generator, in terms of the amount of hazardous waste generated each month, known as the Conditionally Exempt Small Quantity Generator (CESQG) exemption (see explanation below),

1a) Households are exempt under federal policies, although some states are more stringent.

2) .The soluble amount of mercury that leaches from a lamp when it is tested using EPA procedures, known as the Toxicity Characteristic Leaching Procedure (TCLP).

Under federal regulations, these factors are used to determine whether landfilling is permissible. It should also be noted the exemptions do not absolve the generator from U.S. Superfund liability.

1) The Conditionally Exempt Small Quantity Generator (CESQG) Exemption

This exemption is based on the amount of hazardous waste generated in a month. Please see Glossary for definition. The amount includes all HW, so generally any hazardous waste must be included in the weight calculation. This may present problems because generators can’t always weigh their wastes, and then add some amount of lamps to the equation to determine if they are CESQGs, each and every month! Moreover, many states apply the CESQG exemption in a more stringent manner than the federal government and in other states the CESQG exemption is not applicable at all. Column 2 of the table below compares state and federal policies regarding the amount of waste that can be generated in order to qualify for the CESQG exemption. Column 3 compares state and federal policies regarding the final disposition of the waste itself, in terms of what type of permitted facility may receive it.

1a) The Household Exemption

The federal rules generally exempt household waste from hazardous waste management requirements, but not every state defines “household waste” in the same way. The federal definition includes waste from hotels, motels, multi-family housing, apartment buildings, camp grounds and other sources; however, some states may exclude some or all of these sources from their household exemption.

2) The Toxicity Characteristic Leaching Procedure (TCLP)

All major manufacturers of mercury lighting make products that pass the TCLP (see definition for Toxicity Characteristic Leaching Procedure in the glossary), meaning these lamps are not considered hazardous waste under federal rules. The TCLP test looks at the solubility of mercury in a simulated landfill environment. In addition, some states apply their own hazardous waste regulations to all mercury-containing lamps regardless of whether they pass the TCLP. Therefore, EPA, ALMR, NEMA and SWANA encourage that all mercury-containing lamps be recycled, regardless of the mercury content or whether they pass or fail the TCLP test. Column 4 of the table below compares state and federal policies regarding the applicability of the TCLP in determining whether a mercury-containing lamp is hazardous waste.

Other state-specific issues

Frequently, there are questions about other specific features of the federal or state regulations pertaining to spent lamps. One of these is whether the lamps can be intentionally crushed, by whom and under what circumstances. We have included a section on how states regulate the intentional crushing of lamps by generators, as well as other areas of state-stringency in Column 5 of the table. No state allows third-party crushing without permits. Some states allow generators to crush and continue to manage the material as universal waste.

Transportation and Ballasts

In addition to the stringency issues presented here in the context of the Universal Waste Rule, there are some important factors that you need to know about shipping lamps and lamp-related materials within and through different states. Transporting whole lamps as universal waste can be done anywhere using a common carrier and a standard Bill of Lading. However, when it comes to shipping crushed lamps or ballasts from lamps that contain PCBs, state requirements differ. Some require the use of the hazardous waste manifest and certified hazardous waste transporters. For simplicity, we have not included state-by-state transportation stringency in the matrix below. Instead, please see www.almr.org and go to the Regulations page. You are also encouraged to contact your state agency.

State-by-State Stringency Comparison Table - Types of Exemptions for Lamps

The chart below provides examples of state regulations compared to the EPA regulations. We strongly recommend that you discuss stringency with your primary state regulatory contact. This information should not be interpreted as definitive legal guidance. This document was revised in June 2011, and we do not guarantee its accuracy, as state policies may change at any time.

(“same” means the state policy is the same as the federal policy)

Jurisdiction

Generator Exemption

(CESQG)

The Waste itself

Where waste from CESQG can go?
Source- FR Vol. 64, No. 109, p.30434, June 8, 1999

Can the waste be declared non- hazardous, based on HW Characteristic (TCLP) see
Glossary

Other stringency or exemptions?

Federal EPA

Generators producing less than 100 kg (220 pounds) of hazardous waste (HW) or 1 kg acute HW in each month, including all HW generated. CESQGs are exempt from federal rules, but not exempt from liability (40 CFR 261.5)

Waste may go to any Municipal Solid Waste Landfill (MSWLF)

Wastes that test less than 0.2mg/l soluble mercury are not considered hazardous under federal rules.

Crushing not allowed as UW. Can only be done by generator (40 CFR 262.34); crushed waste not UW- must be managed as RCRA HW. No one may crush third-party lamps without treatment authorization [1] .
No mobile treatment units.

Alabama

same

Same

same

Crushing by generator allowed as UW.

Alaska

same

Same

same

American Samoa

same

Same

same

Arizona

same

Waste may go to special approved MSWLF (40CFR257). These differ from other landfills as they have to meet additional protective criteria.

same

Arkansas

same

No crushing allowed.

California

No CESQG or HH exemptions, all Hg lamps must be recycled

Waste must go to RCRA Sub-C facility (hazardous waste landfill) or state equivalent recycler

No. All waste lamps with mercury added are hazardous waste.

No crushing allowed.

Colorado

CESQGs must identify their HW

Waste must be recycled or go to RCRA Sub-C facility

same

Crushing by generator allowed as UW.

Confederation of the Northern Mariana Islands

same

Connecticut

No CESQG exemption

Waste must go to RCRA Sub-C facility or state equivalent

No, pursuant to Regulations of Connecticut State Agencies, Section 22a-209-17, the so-called "low mercury" or "green" lamps are subject to the UWR, even if they pass the TCLP test.

No crushing by anyone without permit.

Delaware

same

Waste must be managed by a permitted HW disposal or recycling facility, or approved HHW collection event. Disposal in either a state MSWLF or Industrial SWLF is prohibited

same

District of Columbia

No CESQG exemption

Waste must go to EPA approved HW facility

same

Florida

Exemption only for <10 lamps per month

Recycling is preferred. No incineration or disposal at MSWLF allowed. Some county HHW programs will accept.

No, the waste cannot be declared non-hazardous.

Crushing by generator allowed as UW.

Georgia

same

Waste must go to RCRA Sub-C facility or state equivalent

same

Guam

same

Hawaii

same

Idaho

same

Illinois

same

Waste must go to RCRA Sub-C facility or state equivalent

same

Crushing by generator allowed as UW.

Indiana

same

Iowa

Same, however Iowa solid waste policies are different, insofar as the state definition of solid waste does not include any hazardous waste.

All landfills in state are permitted to take only solid waste.

Therefore, on a purely technical level, no landfill can take any hazardous waste including from CESQGs or from Households

CESQG hazardous waste must be treated or disposed of:

By an EPA-permitted hazardous waste management company, or

At a DNR-permitted regional collection center, or

At a facility which beneficially uses or legitimately recycles hazardous waste.

same

Kansas

Exemption only for < 100 lamps per month (55 pounds)

same

Kentucky

same

Waste must go to RCRA Sub-C facility or state equivalent

same

Crushing by generator requires prior approval, and crushed waste cannot be UW.

Louisiana

same

Waste must go to RCRA Sub-C facility or state equivalent

same

Maine

No CESQG exemption

Waste must be recycled

same

Maryland

CESQGs are considered small quantity generators if the amount of HW is less than 100kg per month and less than 1kg acute HW per month. SQGs may not accumulate more than these amounts at any time.

MSWF are prohibited from accepting any HW, including from SQGs.

Therefore all hazardous lamps must go to destination facilities

same

Allows crushing by generator as UW, provided the requirements of Code of Maryland Regulations 26.13.10.15B(3) are met.

Massachusetts

Regulates Very Small Quantity Generators more stringently than CESQGs

Waste must go to RCRA Sub-C facility or state equivalent, or another generator

same

Crushing allowed for CESQGs, other generators require permit

Michigan

same

Waste must go to RCRA Sub-C facility or state licensed MSWLF

same

No crushing without treatment permit.

Minnesota

No CESQG exemption

Waste must go to RCRA Sub-C facility or state equivalent recycler

No, waste cannot be declared non-hazardous.

Crushing by generator requires permit

Mississippi

same

Crushing by generator allowed as UW under specific technology based approval after testing.

Missouri

No CESQG exemption

same

No crushing

Montana

same

Crushing by generator allowed as UW

Nebraska

same

Nevada

No CESQG exemption

same

New Hampshire

same

Waste must go to RCRA Sub-C facility or state equivalent

same

No crushing

New Jersey

same

Crushing by generator allowed, third parties need Class D recycling center approval from New Jersey Department of Environmental Protection as well as air pollution permit.

New Mexico

same

New York [2]

No CESQG exemption - Small business exemption if less than 100 employees and less than 15 lamps per month

Waste must go to RCRA Sub-C facility or other permitted facility

No-all lamps with mercury added are H.W.

DTC same as fed.

Requires UW lamp shipments >500 lbs. to be carried by permitted HW transporter

North Carolina

same

Waste must go to RCRA Sub-C facility or state equivalent

same for non-state owned lamps. Per H1766 (2010) all lamps from state buildings and institutions must be sent for recycling.

crushing allowed but RCRA HW management required.

North Dakota

same

Waste must go to RCRA Sub-C facility or state equivalent

same

Ohio

All business lamps are regulated, regardless of size of business or how many lamps.

Waste must go to RCRA Sub-C facility or state equivalent

same

Same as federal, defines lamps as "spent materials", crushing by generator allowed, then manage as a HW

Oklahoma

same

Waste must go to RCRA Sub-C facility or state equivalent

same

Oregon

same

Waste may go to MSWLF if there is no local ban on lamp disposal

same

Pennsylvania

same

Waste must go to RCRA Sub-C facility or state equivalent

same

Crushing only allowed under a full hazardous waste treatment permit. Generators are not allowed to cruch lamps under the State permit-by-rule for treatment in generatlr accumulation units.

Puerto Rico

same

Rhode Island

No CESQG exemption

Waste must go to RCRA Sub-C facility or state equivalent

No, waste cannot be declared non-hazardous after 7/05. Until 7/05, only if generator has specific test data that the lamps pass TCLP.

same

South Carolina

same

South Dakota

same

Waste must go to RCRA Sub-C facility or state equivalent

same

Tennessee

Exemption only for “Covered generator”

Covered generator means any generator that employs twelve (12) or more employees or owns or maintains a building, excluding private residences, of at least three thousand (3,000) square feet.

Prohibits land disposal of "Mercury-added consumer product"

Mercury-added consumer product means any material, device, or part of a device including, but not limited to, Thermostats; Thermometers Switches; Medical or scientific instruments; Electrical relays and other electrical devices; Lamps and light bulbs; and Batteries, as well as other materials.

Crushing allowed by generator with pre approval, for volume reduction only, with monitoring and training.

Texas

same

Crushing by generator allowed as UW

United States Virgin Islands

same

Utah

same

Waste must go to RCRA Sub-C facility or state equivalent

same

Vermont

No CESQG exemption

Waste must go to RCRA Sub-C facility or state equivalent

No, in addition, mercury-containing lamps, which are labeled with “Hg” or other mercury identifier, are banned from landfill disposal regardless of mercury content.

same

Virginia

same

Waste may go to MSWLF only with written permission of landfill and the Virginia Department of Environmental Quality

same

Crushing by generator allowed as UW, only if followed by recycling

Washington

less than 15 lamps per 90 days

No landfill disposal

same

West Virginia

CESQGs must register with state and get ID number

Waste must go to RCRA Sub-C facility or state equivalent

same

Wisconsin

same

Waste must go to RCRA Sub-C facility or state equivalent

same

Same, and City of Madison ordinance mandates that fluorescent lamp retailers must 1) notify customers that landfilling not allowed, 2) take used lamps back, 3) get lamps recycled, and 4) file compliance plan. Penalties for violations.

Wyoming

same

Waste must go to RCRA Sub-C facility or state equivalent

same

[1] Crushing lamps intentionally is considered “treatment” of a hazardous waste. Regulations allow generators, in some cases, to treat their own waste without having to get permits or authorization from their states. No one, however, is allowed to treat someone else’s hazardous waste without specific authorization and/or permitting from the state. Commercial lamp recyclers treat lamps during the recycling process and are usually considered “Destination Facilities” subject to permitting. Generators who treat their own lamps may do so, but when they do the lamps lose their “Universal Waste” status and are considered fully-regulated hazardous waste, subject to numerous more stringent federal standards than Universal Wastes. Unless a state policy allows generators to crush and still manage as UW, generators who crush are subjecting themselves to increased costs and regulatory burden. EPA has not approved any portable or mobile crushing technologies.

[2] Update 07/12-04 New Law S7399 - Effective as soon as DEC prepares regulations.