Origins of the Phrase “Mad As a Hatter”

Mercury has long been known to be toxic. The phrase "mad as a hatter" refers to the 19th-century occupational disease that resulted from prolonged contact with the mercury used in the manufacture of felt hats. Along with felt hats, mercury has been taken out of many manufacturing processes and products—as the dangers of mercury exposure become more well known.

Most mercury pesticides have been withdrawn from the U.S. market, and many countries banned ocean dumping of mercury and other pollutants in 1972. Production of mercury-containing interior and exterior paints in the United States was phased out in 1991. Mercury, which has been used in medicines for hundreds of years, continues to be used in various folk remedies that can cause mercury exposures. The use of mercury in dental amalgam for tooth fillings has stirred escalating controversy in recent years. Most other medical uses have been banned or are being phased out.

Despite these changes, some workers today, especially laboratory technicians, nurses, and machine operators, continue to be exposed to mercury on the job. Elemental mercury (the silver liquid familiar in thermometers) is a common occupational source of exposure. Fragile fluorescent lamps and compact fluorescent lamps if broken represent another mercury exposure risk as they are handled by manufacturers, transporters, distributors, retailers, consumers and installers, as well as recycling or waste handlers. There are currently no universally enforced packaging standards designed to protect these people. There now exists a proven packaging design with a vapor resistant and zip seal bag that should be mandated to protect people who work with or near fluorescent lamps, as well as for protecting the surrounding environment.

Brad Buscher
Chairman and CEO
VaporLok Products LLC

Mercury Waste Regulations: Protecting People, the Environment and Your Companies Best Interests

Not only is mercury a threat to our quality of life when it is not properly recycled, it can also be a significant threat to the overall health of businesses. Local and state environmental regulations and EPA enforcement of the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), regulate the generation, treatment, storage, handling, clean-up, transportation and disposal of hazardous wastes, including products which contain mercury. Mercury-containing lamps, batteries, and medical and electrical equipment and devices are regulated as Universal Wastes.

If mercury-containing products are improperly recycled, companies may be at risk of severe financial penalties, criminal prosecution and long-term liability. Find out more at these United States Environmental Protection Agency Sites:

Federal Mercury Regulations

State Mercury Legislation and Regulations

State Universal Waste Regulations

Federal Universal Waste Regulations

State Mercury Medical & Dental Waste Programs

1997 Mercury Report to Congress

Peder Larson
Attorney
Larkin Hoffman

Does the Future Include On-site Treatment of Mercury Wastes?

What is on the pollution control horizon in regards to mercury emissions? Possible changes in government regulations could allow on-site treatment methods, which could make it possible to clean-up areas that are otherwise considered too cost- and time-prohibitive to treat. For instance, a planned cleanup of a 40-mile section of the Hudson River in New York illustrates the need for on-site treatment. The area is heavily contaminated with PCBs, but the off-site method for the PCB disposal will lead to liberation of huge quantities of mercury.

It is an incongruent challenge because in trying to remove one form of pollution, they will generate another—which is thought to be the lesser of two evils. Theoretically, the 40-mile stretch would generate many billions of tons of waste. If sent to a typical plant, the quantity of waste would take the next 1,000 years to process. Not only would the time requirements be impractical, but the transportation costs would be huge—making it a cost-prohibitive and impractical solution.

Instead, the government may one day allow on-site treatment options, and companies will be gearing up in the coming years to provide services, technology and engineering to make it possible.

Brad Buscher
Chairman and CEO
VaporLok Products LLC

How Much Mercury Do Fluorescent Lamps Really Contain?

While the amount of mercury used in an individual fluorescent bulb has decreased over the past years, one broken 4-foot fluorescent lamp in a small room or vehicle can release enough mercury vapor to exceed the OSHA mercury exposure 8-hour limit—posing a significant occupational health risk. Plus, mercury vapor can be emitted for weeks after a single bulb is broken.

In their lifetime, fragile fluorescent lamps are handled by manufacturers, transporters, distributors, retailers, consumers and installers, as well as recycling or waste handlers. Although the lamps could break anywhere down this line and expose workers and the environment to hazardous mercury vapors, there are no universally enforced packaging standards designed to protect these people.

While some steps have been taken to encourage safe recycling and disposal of fluorescent lamps, this fact remains: although a variety of containers are marketed for transportation of fluorescent lamps, many don't provide necessary levels of protection against mercury vapor in the occurrence of breakage. Using a proven packaging design with a vapor resistant lining is vital to ensuring the safety of persons who work with or near fluorescent bulbs, as well as for protecting the surrounding environment, especially as fluorescent lighting continues to grow in popularity and practicality. Currently, only one package design, which includes a vapor resistant and zip seal bag, has proven effective in containing mercury vapor.


Brad Buscher
Chairman and CEO
VaporLok Products LLC

The Benefits of Fluorescent Lamps

Incandescent light bulbs emit light by using electricity to heat up a filament that is encased in a protective glass globe to a very high temperature, causing the filament to glow and produce light. The energy required to produce this light is four times the amount of energy required to produce equivalent light in fluorescent lamps. When the fixtures in an average household are counted and multiplied by the number of households in the country, a true sense of the energy needed to produce the light—that many people take for granted—can be realized.

Fluorescent lamps are made up of a sealed glass tube with a phosphor powder coating along the inside of the glass. Inside the tube is a small amount of mercury as well as an inert gas—such as argon—that is maintained under low pressure. Two electrodes on opposite sides of the tube energize the mercury to produce ultraviolet energy. The phosphor coating on the glass tube then absorbs this energy and releases a photon of visible light.

Like incandescent bulbs, fluorescent lamps don't convert 100 percent of the energy they consume into visible light. However, they are four to six times more efficient than incandescent lamps, which in turn reduces the power demand from local utilities. Since most power stations use coal as a source for electrical generation, they are large emitters of both greenhouse gas and mercury, which is naturally occurring in most coal that is used today. The reduced demand for electricity in turn reduces both greenhouse gas and mercury emissions.

Brad Buscher
Chairman and CEO
VaporLok Products LLC

Turning off the switch on incandescent lights

Fluorescent lamps are four to six times more efficient than their incandescent counterparts and emit about the same amount of visible light, all while offering longer working life and saving significant energy costs. Their use will be significantly increased as well by 2013, when the manufacture of incandescent lamps is slated to cease by an Act of Congress and will therefore be replaced by compact fluorescent lamps (CFLs) and other fluorescents.

Using more efficient lighting options, such as CFLs and other fluorescent lamps, is one of the lowest-cost ways for the nation to reduce electricity use and greenhouse gases. Although incandescent light bulbs may seem like the cheaper option at the counter, consumers will actually save money on CFLs in the long run. While a CFL may cost about $2.00 per bulb, compared to about $0.50 cents for an incandescent bulb, a CFL is four to six times more efficient than an incandescent and lasts an estimated 8 to 15 times as long as an incandescent.

Although CFLs contain small quantities of mercury—which can cause environmental, safety and health consequences—incandescent bulbs actually result in more mercury pollution. While incandescents do not contain mercury, they still contribute to its release into the environment. Because burning coal to generate electricity releases mercury into the air and incandescent bulbs use more electricity over their lifetimes, they are responsible for more energy consumption and ultimately more mercury emissions than CFLs.

The switch from an incandescent bulb to a more efficient CFL results not only in energy and cost savings, but also in less overall mercury pollution. However, CFLs and other mercury-containing lamps emit mercury vapor when broken, and most shipping packages currently in use do not contain this vapor. They need to be properly stored and transported to recycling facilities in packaging proven to contain mercury vapor emissions. Only then do CFLs result in a truly green lighting solution. Currently, only one package design, which includes a vapor resistant and zip seal bag, has proven effective in containing mercury vapor.

Brad Buscher
Chairman and CEO
VaporLok Products LLC

Ban on exportation of elemental mercury

A new government regulation that goes into effect in 2013 effectively bans the exportation of elemental mercury—unless it has a legitimate use. The Mercury Export Ban Act of 2008, introduced by Barack Obama when he was an Illinois senator, was signed on October 14, 2008. The act will prohibit the transfer of elemental mercury by federal agencies, ban U.S. export of elemental mercury by 2013, and requires the Department of Energy to designate and manage an elemental mercury long-term disposal facility.

The United States is currently one of the world’s leading exporters of elemental mercury, and large amounts of mercury-containing waste have been shipped over the border to Canada and other countries. The Mercury Export Ban Act of 2008 will help prevent other industries and countries that do not have the same protections as we do from receiving the mercury and letting it proliferate right back into the system and the environment.

Peder Larson
Attorney
Larkin Hoffman

Shipping mercury wastes to Canada

A significant volume of mercury-containing waste in the U.S. is finding its way into Canadian landfills because some treatment standards, recovery requirements and enforcement of those standards are less stringent than in the U.S. U.S. federal regulations require that hazardous wastes including mercury be treated using “Best Demonstrated Available Technology” which requires high temperature retorting. According to one report, if exports to Canada continue, U.S.-based mercury recycling facilities will be undermined. Likewise, investments in the best available technology will be punished instead of rewarded.1

Uniform national policies in both the U.S. and Canada that prohibits land disposal would help eliminate confusion from the disparate policies. Infrastructure and recycling capacity already exist, but as long as exemptions and low enforcement remain, and recycling remains optional, increasing the rate will continue to be a struggle. Suffice it to say, U.S. and Canadian mercury recycling laws are in need of a major overhaul to protect the environment in the years to come.

1. Fortuna, Richard C. Export of Recyclable Mercury Related Wastes to Canada for Landfilling and Barriers to Mercury Recycling in the U.S. Strategic Environmental Analysis, L.C. 2004. 3.

Peder Larson
Attorney
Larkin Hoffman

Journey of Recycled Lamps

Recycled lamps are sent to a recycling facility via truck, UPS or FedEx® in bulk or in pre-paid shipping recycling boxes, such as the Waste Management® LampTracker® system, which is specifically designed to accommodate various sized lamps and effectively contain mercury vapor emitted from broken lamps.

Once received, the recycler crushes the lamps, along with other contaminated products, devices and debris, to safely exhaust the mercury vapor and extract and reuse the resultant mercury—ensuring mercury is not released into the environment. The remaining debris is then placed in 55-gallon drums and sent to a retort facility—where the drums are heated to high temperatures to eliminate any remaining mercury. Any remaining glass and aluminum is furthered recycled and reused.

This process reduces the potential dangers of mercury vapor emitted from used fluorescent lamps—effectively reducing environmental liability and protecting both handlers and consumers from potential safety hazards and health risks.

Brad Buscher
Chairman and CEO
VaporLok Products LLC

TCLP Tests

According to EPA estimates, approximately 75 to 80 percent of fluorescent lamps are not recycled and are usually placed in dumpsters or trash containers. Fluorescent lamps in dumpsters present a considerable danger. One study found that mercury is "strongly and persistently" emitted from dumpsters that contain broken fluorescent lamps.1 The data indicates a preliminary loss rate of ~25µg/h from one bulb contained in a closed dumpster. The bulb continued to emit mercury at this rate for more than a week, and at ~50 µg/h on the 8th day following breakage.

Federal policies contain exemptions that help keep the recycling rate low. For instance, lamps that pass the Toxic Characteristic Leaching Procedure (TCLP) mercury test are currently exempt from recycling requirements. However, some lamp manufacturers put extraneous additives in the lamps—such as ascorbic acid—that compromise the test and skew the results.

In 2000—following an extensive debate focused on whether or not a disposal ban should apply to lamps that pass the TCLP—the Maine Legislature decided to enact the ban on all mercury-added lamps. New and used lamps from ten popular lamp models were collected and tested for total mercury and TCLP mercury by dedicated testing procedures. Results indicate that lamps that pass the TCLP test contain comparable total mercury results as the corresponding lamps that fail TCLP, suggesting that the disposal ban on all mercury-added lamps is appropriate.2

1. Lindberg, S.E.; Owens, J. PaMSWaD (Pathways of Mercury in Solid Waste Disposal); Lockheed Martin Energy Research Corporation (LMER). 1999. 6.
2. Maine Fluorescent Lamp Study, DRAFT 1.0, November 15, 2001.

Brad Buscher
Chairman and CEO
VaporLok Products LLC

EPA estimates just 20 to 25 percent of fluorescent lamps are recycled

While the new legislation in Washington—addressing the dangers of unsafe packaging and transportation of used fluorescent lamps and mercury-containing devices—shows growth in the right direction, there is still a long way to go in protecting people and the environment from mercury vapor emitted from broken lamps.

The EPA estimates recycling rates of fluorescent lamps at only 20 to 25 percent, leaving the majority to be placed in dumpsters and eventually end up in landfills—where they may emit hazardous mercury vapor into the environment. The consumer recycling rate has been estimated to be even lower—possibly at less than 2 percent.

Mercury-containing waste that isn’t properly recycled poses a serious environmental and health concern. Safe recycling facilities exist, but should be encouraged by new rules and regulations. New legislation should also ensure that used fluorescent lamps are packaged in configurations proven to effectively contain mercury vapor emitted from broken lamps.

Brad Buscher
Chairman and CEO
VaporLok Products LLC

New legislation protects workers and consumers from mercury vapor risks of unsafe fluorescent lamp packaging

When Governor Chris Gregoire signed Senate Bill 5543 on March 19, Washington became the first state to address the dangers of unsafe packaging and transportation of used fluorescent lamps and mercury containing devices. This new legislation is set to be the precursor of future state and federal legislation as awareness of mercury vapor dangers increases.

Due to deficiencies of most current packaging configurations utilized for shipping used fluorescent lamps, the new law requires that lights and other mercury-containing devices are packaged and shipped in material that will minimize the release of mercury into the environment. The law also states that packages should include mercury vapor barrier materials if lamps are transported by the United States postal service or a common carrier or collected via curbside programs and mail-back businesses.

Additionally, the State of Wisconsin recently considered legislation that would apply newer mercury-containing equipment packaging standards to used lamps from households. If adopted, the law would require those lamps to be managed in containers “designed to prevent the escape of mercury into the environment by volatilization or other means.”

Environmental practitioners know that most federal environmental laws followed the lead of state laws and regulations. Mercury waste regulation is no exception. Today most mercury lamps are not recycled and states are increasingly indicating that they will take action to fix that problem. As those state laws evolve, states will also consider imposing more specific packaging requirements to supplement the minimal requirements imposed by federal regulations. USEPA’s container requirements for mercury containing equipment provide a simple and effective standard for states to extend to mercury containing lamps. Now that one state has taken that step and another is considering it, watch for similar activity in other states.

Peder Larson
Attorney
Larkin Hoffman