SPENT LAMPS and the UNIVERSAL WASTE REQUIREMENTS

Kentucky Division of Waste Management
14 Reilly Road - Frankfort Kentucky 40601
(502) 564-6716

In 1997, Kentucky adopted the federal provisions of the Universal Waste Rule (40 CFR Part 279) into the state regulations (401 KAR Chapter 43). In addition to the three hazardous wastes identified as universal wastes by the United States Environmental Protection Agency (EPA), Kentucky included spent lamps as a universal waste.

The state’s universal waste regulations provide an alternative set of management standards that are less burdensome than the hazardous waste regulations. For listed universal wastes, generators may select whether they wish to comply with the universal waste requirements or the hazardous waste requirements based on their specific needs.

What is a spent lamp?

To be spent a lamp must be discarded (401 KAR 43:010, Section 5). A usable lamp removed from service and sent for recycling or disposal is considered spent even if it could technically still be used for lighting. This is because the generator has made the decision that the lamp is a waste. However, a usable lamp that is removed from service at one location and re-used for lighting at another location is not considered a waste and is not considered a spent lamp. A burned out lamp becomes a waste when it is removed from the light fixture during maintenance.

A spent lamp must exhibit a hazardous characteristic under the hazardous waste rules before it can be considered a universal waste. Lamps that are not hazardous are subject to the solid waste regulations and may be disposed safely with your garbage.

Examples of spent lamps include fluorescent, high intensity discharge (HID), mercury vapor, metal halide, high pressure sodium, neon and incandescent lamps.

Why are spent lamps subject to regulation?

Hazardous waste toxicity is measured using the Toxicity Characteristic Leaching Procedure (TCLP) test (401 KAR 31:030, Section 5). Spent lamps frequently exceed toxicity standards for mercury, cadmium and lead.

Although these metals are toxic and extremely persistent in the environment when released, they can be recycled economically. This eliminates threats to the environment that results from disposal in landfills. So it is important that spent lamps be sent for recycling whenever feasible. The universal waste requirements recognize the importance of recycling and provide reduced regulatory requirements for companies that choose that option.

Are lamp ballasts subject to regulation?

Lamp ballasts hold small capacitors that may contain polychlorinated biphenyls (PCBs) or di-(2-ethylhexyl)-phthlate (DEHP) oils. In addition, ballasts may include a potting material with either of these two compounds. The ballasts may be legally managed in a contained solid waste landfill provided they are intact and not leaking and contain levels of PCBs below 50 ppm.

Lamp ballasts typically contain about one ounce of liquid. No more than 16 ballasts containing PCBs may be sent to a contained solid waste landfill at one time since that number would exceed the quantity that must be reported in the event of a release (CERCLA reportable quantity = one pound for a PCB release).

Although DEHP is a listed hazardous waste, it is only regulated if the disposed material is pure product that has never been used. Since discarded ballasts contain used potting material contaminated by DEHP, they are not regulated as a hazardous waste.

Ballasts are not considered universal wastes. They are regulated exclusively under the federal Toxic Substances Control Act (TSCA) program, and are subject to state solid waste regulations when sent to a solid waste landfill. In Kentucky, the Division of Waste Management has a TSCA coordinator who is available to assist with questions on PCB containing wastes. The TSCA coordinator can be reached at (502) 564-6716.

Can I crush my lamps on-site?

Under the universal waste requirements, generators are not allowed to conduct on-site treatment, which includes crushing. However, companies may choose to manage their spent lamps as a hazardous waste (instead of as a universal waste). Hazardous waste generators may request prior approval from the Division of Waste Management to treat their hazardous waste on-site during the generator accumulation period (401 KAR 32:030, Section 6). If approval is granted, the generator must comply with the hazardous waste generator requirements found in 401 KAR Chapter 32 from the date the lamps were first generated. The crushed lamps and filters would have to be sent off-site to a permitted hazardous waste facility using a hazardous waste manifest.

What are the requirements for spent lamp generators?

Although households are specifically exempt from the hazardous waste requirements, anyone else who generates spent lamps is called a handler of universal waste. There are two categories of handler: (1) small quantity handlers may accumulate up to 5,000 kilograms (11,000 pounds) of universal waste on-site, and (2) large quantity handlers may accumulate 5,000 kilograms or more of universal waste on-site.

Companies that produce several types of universal waste (i.e., batteries and spent lamps) must count all of their universal waste when determining which category of handler is appropriate.

Most of the requirements for handlers are the same whether the handler is considered small or large.

Universal waste handlers:

Small quantity handlers:

Large quantity handlers:

What are the requirements for spent lamp transporters?

Transporters are prohibited from disposing, treating or diluting a universal waste. This includes crushing to consolidate lamps. Transporters must comply with Kentucky Transportation Cabinet regulations, although they are not required to use manifests. Transporters may keep universal waste at transfer facilities for up to 10 days without complying with the standards for universal waste handlers.

If spent lamps are spilled during transportation, transporters must clean up the spilled waste and all contaminated residues. Spill residue must be managed as a hazardous waste if it exhibits a characteristic (401 KAR 31:030).

Transporters may only transport spent lamps to a universal waste handler, destination facility or foreign destination. If they transport to a foreign destination, they must comply with export requirements for foreign shipments.

Can I consolidate spent lamps from different locations?

One of the big advantages of the universal waste regulations is that they allow handlers to send their spent lamps to other handlers. Under the hazardous waste program shipments of waste are only allowed to be sent to a permitted facility. However, the universal waste requirements encourage companies with multiple locations to collect their spent lamps at a convenient location for a consolidated shipment to the destination facility. In addition, small companies are able to use the services of a commercial consolidation point. In both cases, the consolidation point is considered a universal waste handler.

Sites that accumulate less than 5,000 kilograms (11,000 pounds) are considered small quantity handlers, while sites that accumulate 5000 kilograms or more are regulated as large quantity handlers.

Accumulation of spent lamps at the consolidation point is strictly limited to one year unless more than one year is needed for the sole purpose of facilitating proper recovery or disposal. The handler who keeps spent lamps for over one year bears the burden of proving that storage was necessary. Consolidation points must keep careful records to document compliance with the accumulation time limits.

Where can I send my spent lamps?

Uncrushed lamps may be sent to another universal waste handler or to a destination facility. Destination facilities are those facilities that treat, recycle or dispose of spent lamps. Sites where uncrushed spent lamps are only accumulated are not considered destination facilities, but are regulated as universal waste handlers.

Crushed lamps must be sent directly to a permitted hazardous waste management facility or registered recycler. Because crushed lamps do not qualify for universal waste exemptions, they may not be consolidated or shipped to another hazardous waste generator. Crushed lamp shipments must be accompanied by a hazardous waste manifest.

What are the requirements for destination facilities?

In Kentucky, a destination facility that does not store lamps prior to recycling them is only required to register with the Division as a recycler (401 KAR 43:050, Section 1(2) and 401 KAR 31:010, Section 6(3)(b)). However, if the facility stores spent lamps prior to recycling, or treats or disposes of spent lamps, it must be permitted as a hazardous waste storage, treatment or disposal facility (401 KAR 43:050, Section 1(1) and 401 KAR Chapters 34 and 38).

Destination facilities may only send spent lamps off-site to another destination facility or a foreign destination. Because universal waste shipments are not accompanied by a manifest, destination facilities must keep special tracking records.

Where can I get more help?

If you have specific questions about how the universal waste requirements apply to your business, contact the Hazardous Waste Branch at (502) 564-6716 or the Division of Waste Management regional office nearest your business:

Bowling Green
1508 Weston Avenue
Bowling Green, KY 42104
Phone: (502) 746-7475
COUNTIES: Allen, Barren, Butler, Edmonson, Grayson, Hart, Logan, Ohio, Simpson, Warren

London
Regional State Office Bldg.
85 State Police Rd., Room 345
London, KY 40741
(606) 878-0157, ext. 307
COUNTIES: Bell, Clay, Harlan, Jackson, Knox, Laurel, McCreary, Rockcastle, Whitley

Columbia
102 Burkesville St.
Columbia, KY 42728
(502) 384-4735
COUNTIES: Adair, Boyle, Casey, Clinton, Cumberland, Green, LarRue, Lincoln, Marion, Metcalfe, Monroe, Nelson, Pulaski, Russell, Taylor, Washington, Wayne

Louisville
312 Whittington Pkwy.
Suite 201
Louisville, KY 40222-4925
(502) 595-4254
COUNTIES: Breckinridge, Bullitt, Hardin, Jefferson, Meade, Oldham, Shelby, Spencer

Florence
7964 Kentucky Dr., Suite 8
Florence, KY 41042
(606) 292-6411
COUNTIES: Boone, Bracken, Campbell, Carroll, Gallatin, Grant, Henry, Kenton, Owen, Pendleton, Trimble

Madisonville
Madisonville State Office
625 Hospital Dr.
Madisonville, KY 42431
(502) 824-7532
COUNTIES: Caldwell, Christian, Crittenden, Daviess, Hancock, Henderson, Hopkins, McLean, Muhlenberg, Todd, Union, Webster

Frankfort
643 Teton Trail, Suite B
Frankfort, KY 40601
(502) 564-3358
COUNTIES: Anderson, Bourbon, Clark, Estill, Fayette, Franklin, Garrard, Harrison, Jessamine, Madison, Mercer, Nicholas, Powell, Robertson, Scott, Woodford

Morehead
Mabry Bldg., Ky. 32S
Morehead, KY. 40351
(606) 784-6634
COUNTIES: Bath, Boyd, Carter, Elliott, Fleming, Greenup, Lawrence, Lewis, Mason, Menifee, Montgomery, Morgan, Rowan

Hazard
233 Birch St.
Hazard, KY 41701
(606) 435-6022
COUNTIES: Breathitt, Floyd, Johnson, Knott, Lee, Leslie, Letcher, Magoffin, Martin, Owsley, Perry, Pike, Wolfe

Paducah
4500 Clarks River Rd.
Paducah, KY 42003
(502) 898-8468
COUNTIES: Ballard, Calloway, Carlisle, Fulton, Graves, Hickman, Livingston, Lyon, McCracken, Marshall, Trigg