State-by-State Stringency Comparison Table
Scroll Down for List of States
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.
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.
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? |
Can the waste be declared non- hazardous, based
on HW Characteristic (TCLP) see |
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]
.
|
|||||
Alabama |
same |
Same |
same |
Crushing by generator allowed as UW. |
|||||
Alaska |
same |
Same |
same |
same |
|||||
American Samoa |
same |
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 |
same |
|||||
Arkansas |
same |
same |
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 |
same |
same |
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 |
same |
|||||
District of Columbia |
No CESQG exemption |
Waste must go to EPA approved HW facility |
same |
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 |
same |
|||||
Guam |
same |
same |
same |
same |
|||||
Hawaii |
same |
same |
same |
same |
|||||
Idaho |
same |
same |
same |
same |
|||||
Illinois |
same |
Waste must go to RCRA Sub-C facility or state equivalent |
same |
Crushing by generator allowed as UW. |
|||||
Indiana |
same |
same |
same |
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 |
same |
|||||
Kansas |
Exemption only for < 100 lamps per month (55 pounds) |
same |
same |
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 |
same |
|||||
Maine |
No CESQG exemption |
Waste must be recycled |
No |
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 |
same |
same |
Crushing by generator allowed as UW under specific technology based approval after testing. |
|||||
Missouri |
No CESQG exemption |
same |
same |
No crushing |
|||||
Montana |
same |
same |
same |
Crushing by generator allowed as UW |
|||||
Nebraska |
same |
same |
same |
same |
|||||
Nevada |
No CESQG exemption |
same |
same |
same |
|||||
New Hampshire |
same |
Waste must go to RCRA Sub-C facility or state equivalent |
same |
No crushing |
|||||
New Jersey |
same |
same |
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 |
same |
same |
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 |
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 |
same |
|||||
Oregon |
same |
Waste may go to MSWLF if there is no local ban on lamp disposal |
same |
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 |
same |
same |
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 |
same |
same |
same |
|||||
South Dakota |
same |
Waste must go to RCRA Sub-C facility or state equivalent |
same |
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.
|
no |
Crushing allowed by generator with pre approval, for volume reduction only, with monitoring and training. |
|||||
Texas |
same |
same |
same |
Crushing by generator allowed as UW |
|||||
United States Virgin Islands |
same |
same |
same |
same |
|||||
Utah |
same |
Waste must go to RCRA Sub-C facility or state equivalent |
same |
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 |
same |
|||||
West Virginia |
CESQGs must register with state and get ID number |
Waste must go to RCRA Sub-C facility or state equivalent |
same |
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 |
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.