Faxback 11906
9441.1995(21)
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
June 5, 1995
Mr. Steven O. Jenkins, Chief
RCRA Compliance Branch, Land Division
Alabama Department of Environmental Management
P.O. Box 301463
Montgomery, AL 36130-1463
Dear Mr. Jenkins:
Thank you for your letter dated March 30, 1995 requesting
guidance from the U.S. Environmental Protection Agency on the
crushing of mercury-containing lamps. In your letter, you
reference two documents from our Agency that appear to provide
conflicting guidance on the status of lamp crushing under RCRA
regulations.
The first document referenced is a letter dated July 28,
1993 from Jeffery Denit, Acting Director, Office of Solid Waste.
This letter clarifies that the crushing of fluorescent lamps, as a
necessary step of a legitimate recycling process, is exempt under
40 CFR 261.6(c), and therefore would not be subject to RCRA
Subtitle C regulatory requirements except as specified in 40 CFR
261.6(d). The letter further clarifies that the crushing
activities may occur at the generator's facility, or at the
recycler's facility and remain exempt under 40 CFR 261.6(c) . The
Agency had considered an interpretation of 261.6(c) where the
recycling would have to take place at the same site as the
crushing, but determined that as long as recycling will occur, it
does not have to be at the same site. Under this interpretation,
the person claiming the exemption (the generator) is responsible
for ensuring that the crushed bulbs do end up being recycled, not
just disposed of. This remains the current regulatory status of
lamp crushing activities that are a part of a legitimate recycling
process.
The second document referenced is the preamble to the July
27, 1994 proposed rule regarding management standards for
mercury-containing lamps. In this proposal, EPA requested comment
on whether generators or consolidation points should be allowed to
intentionally crush lamps to minimize volume for storage or
shipment and what, if any, standards should be imposed to protect
against mercury releases during crushing or the subsequent
management of crushed lamps. This section of the preamble is
requesting comment on appropriate management standards for
mercury-containing lamps under the proposed Universal Waste
option. Management of lamps under the Universal Waste rule would
provide streamlined requirements for persons generating,
transporting or collecting hazardous waste lamps. As such, many
of the controls that are in place under the current regulations
for hazardous waste lamp management (e.g., tank and container
requirements under 40 CFR part 264 or notification requirements
under 40 CFR part 264.11) may not be applicable under the
Universal Waste rule. Therefore the request for comment on
whether lamp crushing should be allowed and what standards should
be imposed to protect against mercury releases during crushing
refers to such management under the proposed Universal Waste
scenario only.
At present, the Agency is still considering the two options
presented in the proposed rule for spent fluorescent lamps and has
received over 300 comments on the proposed rule. Many of the
comments received, however, addressed technical concerns related
to the risks involved in the handling and disposing of these lamps
(e.g., air emissions, leachability). Because of these concerns,
the Agency will need to devote the proper resources to analyze and
resolve these technical issues. The Agency notes that in light of
the resources needed to finalize a rulemaking for fluorescent
lamps and the President's initiative for regulatory reform, the
Agency is evaluating this rulemaking along with a range of other
projects in setting priorities for the Office.
On May 11, 1995, the Agency promulgated the universal waste
rule (60 FR 25492). This final rule streamlines requirements for
generators, transporters, and interim storage facilities who
manage one or more of 1) hazardous waste batteries 2) certain
hazardous waste pesticides and 3) mercury containing thermostats
(as discussed above, fluorescent lamps are being considered
separately under the July 27, 1994 proposal). The universal waste
rule also provides additional flexibility in that States can add
additional wastes or waste categories to their own State universal
waste rules if they so choose. Therefore, a State may choose to
add fluorescent lamps to their State list of universal wastes. In
so doing, a State must decide what waste management requirements
are appropriate to be added to the universal waste regulations
that would protect human health and the environment from risks
posed by the waste during accumulation and transport. Such waste
management requirements may include volume reduction incident to
collection activities and should be designed to ensure that these
management practices do not dilute the hazardous constituents or
release them to the environment. After researching and
considering the issue, a State may decide that crushing be allowed
as appropriate management if the crushing process was performed in
a controlled unit which did not allow any releases of mercury or
other hazardous constituents to the environment.
If you have further questions regarding how the recycling
and storage requirements apply to this situation or about the
mercury-containing lamps proposal, please contact Kristina Meson
of my staff at (202) 260-5736. Thank you for your interest in the
safe recycling of hazardous waste.
Sincerely,
Michael Petruska, Chief Regulatory Development Branch
---------------
Attachment
---------------
ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
January 31, 1995
Mr. Michael Shapiro, Director
Office of Solid Waste
United States Environmental
Protection Agency
Washington, D.C. 20460
Dear Mr. Shapiro:
The Alabama Department of Environmental Management (ADEM) has
recently received correspondence from the Monsanto Company,
Anniston Plant, requesting guidance on the regulatory status of
crushing fluorescent lamps (copy enclosed). Also, attached to this
request was guidance dated July 28, 1993, from then Acting
Director, Jeffery D. Denit, of your Office.
The July 28, 1993 guidance states, in part, "...If crushing
fluorescent lamps that fail the toxicity characteristic is a
necessary part of a legitimate recycling process, it would not be
subject to RCRA Subtitle C regulatory requirements except as
specified in 40 CFR 261.6(d). The crushing activities may occur at
the generator's facility, or at the recycler's facility and remain
exempt under 40 CFR 261.6(c)". The letter goes to address
applicable storage requirements and OSHA standards, and the
Authorized states ability to regulate this activity, under a more
stringent interpretation.
As you know, the July 27, 1994, Federal Register Proposed Rule (59
FR 38288), outlines management standards that may be adopted for
mercury-containing lamps. The first option would be to exclude
mercury lamps from regulation as a hazardous waste and the second
option would be to add them to the Universal Waste Proposal
(February 11, 1993, 58 FR 8102).
Contained within the July 27th, Federal Register at Section IV
(B)(2), next to the last paragraph states in part, "...The Agency
also requests comment on whether generators or consolidation
points should be allowed to intentionally crush lamps to minimize
volume for storage or shipment and what, if any, standards should
be imposed to protect against mercury releases during crushing or
the subsequent management of crushed lamps. The proposed
universal waste management system includes prohibition on
treatment (crushing is considered treatment) of lamps at the
generator, transporter and consolidation points." The ADEM has
also interpreted that crushing of lamps is considered treatment
unless the crushing device is capable of completing the recycling
process and recovering the mercury as a product.
It would seem that, unlike the recycling exceptions provided for
with lead-acid batteries at 40 CFR Part 261.6, the intentional
crushing of characteristically hazardous fluorescent lamps to
physically separate, reduce in volume, or make them more amenable
for transportation, storage, or recovery meets the basic
definition of treatment under 40 CFR Part 260.10.
The Department understands the need for establishing legitimate
recycling facilities for processing mercury-containing lamps as an
alternative to disposal. However, in order to be equitable to all
recyclers of hazardous waste ADEM does not believe that a less
stringent management system exists under the current Federal
regulatory structure. At this time, ADEM is seeking concurrence
from EPA on this issue in order to provide consistent guidance to
generators and other facilities that wish to commence lamp
crushing activities, and which do not reclaim mercury values as a
final product. This is an important regulatory issue and we would
appreciate a response at your earliest possible opportunity.
Should you have any questions regarding this matter, please
contact Mr. Michael B. Jones at (334) 271-7989.
Sincerely,
Steven O. Jenkins, Chief
RCRA Compliance Branch
Land Division
Enclosure
SOJ/MBJ/lmptrt.doc
Copy: Alan Farmer-EPA Region IV
Tommy Arthur - ADEM
Ron Shell- ADEM
File: EPA correspondence