Stringency Table - Types of Exemptions for Lamps
The stringency table 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 produced in June 2004, and we do not guarantee its accuracy after that date, as state policies may change at any time.
("same" means the state policy is the same as the federal policy)
Jurisdiction: Federal EPA
Generator Exemption (CESQG): 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)
Where can waste from CESQG go? Waste may go to any Municipal Solid Waste Landfill (MSWLF)
Can the waste be declared non-hazardous, based on TCLP? Wastes that test less than 0.2mg/l soluble mercury are not considered hazardous under federal rules.
Other stringency or exemptions? Crushing can only be done by generator (40 CFR 262.34); crushed waste that is not UW- must be managed as RCRA HW. Crushing not allowed within federal UWR, but may be within State UW regulations. No one may crush third-party lamps without treatment authorization . No mobile treatment units.
Generator Exemption (CESQG): same
Where can waste from CESQG go? same
Can the waste be declared non-hazardous, based on TCLP? same
Other stringency or exemptions? same
James D. Harford - Hazardous Waste Compliance Officer
Agency Address: Hazardous Waste Management Section, Dept. of Environmental Control, 1200 N St., Suite 400, P.O. Box 98922, Lincoln, NE 68509-8922
Phone: (402) 471-8308
 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 oDestination Facilitiesö subject to permitting. Generators who treat their own lamps may do so, but when they do the lamps lose their oUniversal Wasteö 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.