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Most mercury pesticides have been withdrawn from the U.S. market, and many countries banned ocean dumping of mercury and other pollutants in 1972.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

Understanding Mercury Waste Regulations

Mercury waste regulations are important to ensure a healthy and safe environment. 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. 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

Brad Buscher
Chairman and CEO
VaporLok Products LLC

How Are You Being Exposed to Mercury Vapor?

We have all heard about the potential health and safety risks of mercury vapor, but do we know exactly where this mercury vapor is coming from?

Today, mercury continues to be used in many products, primarily in fluorescent lamps and compact fluorescent lamps (CFLs) in offices, stores and homes. Because of its high density, it is also used in barometers and manometers. Due to its high rate of thermal expansion—which remains fairly constant over a wide temperature range—mercury is also used extensively in thermometers and thermostats. Mercury-vapor lamps, which emit light rich in ultraviolet radiation, are used for street lighting, in water treatment plants as a disinfectant, and in tanning beds. Mercury is used as an electrode in the production of chlorine and sodium hydroxide and in certain electric batteries. Mercury is important as an electrical contact for switches, and mercury conducts the charge in fluorescent lamps.

Exposure typically comes from inhaling mercury vapors. For most of us, fluorescent lamps present the single greatest risk of mercury exposure in the work place, as these lamps can easily break. Upon breaking, there is an even greater risk in transporting fluorescent lamps and CFLs, as there are no packaging standards and few regulations in place requiring proper packaging for storage and transportation. To protect against mercury vapor exposure from used fluorescent lamps and other mercury-containing devices, these products should be stored and transported in a packaging configuration proven to contain mercury vapor.

Brad Buscher
Chairman and CEO
VaporLok Products LLC

Mercury Exportation Ban

As one of the world’s leading exporters of elemental mercury, the United States has shipped large amounts of mercury-containing waste over the border to Canada and other countries. Mercury can be a huge threat to our quality of life, especially with excessive exposure.

To prevent this, a new government regulation will go effect in 2013, effectively banning 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 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.

Brad Buscher
Chairman and CEO
VaporLok Products LLC

Fluorescent Lamp Transportation Regulation

The U.S. Department of Transportation (DOT) provides packaging standards for the transportation of fluorescent lamps (referred to in the regulations as “mercury vapor tubes”). Those regulations require that shipments of lamps be contained in packaging that prevents the escape of mercury.

However, those DOT packaging requirements will rarely, if ever, apply to packages of used mercury-containing lamps. Based on the rules and the mercury content of used lamps, the DOT standards only apply to packages containing more than 250 typical CFLs or low mercury fluorescent lamps or 100–200 other types of fluorescent lamps. Most used lamps are transported in far smaller containers. Yet even a single broken lamp can emit mercury vapor beyond permissible exposure levels.

One broken 48-inch fluorescent lamp in a small room or vehicle can release enough mercury vapor to exceed the Federal OSHA PEL. This indicate that emissions from packages not designed to contain mercury vapor represent a real health and safety concern to those involved in its storage, transport and disposal, as well as a legal hazard for any businesses that do not adhere to these stipulations.

Brad Buscher
Chairman and CEO
VaporLok Products LLC

Banning Mercury Products

Recently, Canada’s federal government announced it will pass a law to ban many products that contain mercury, including thermometers. However, Canada’s federal government already banned the incandescent light bulb in favor of CFLs, which contain mercury. One of the few products to escape the new mercury ban is CFL light bulbs. To ban mercury in most products while legislating every home in Canada must use mercury-laden CFL’s might make some consumers question their lighting choice.

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

EPA Packaging Regulations

Shipping, packaging, and handling of fluorescent lamps is a major concern because of the harmful mercury vapor emitted when the lamps are broken, which commonly occurs during shipment. To lessen the health and environmental risks associated with mercury vapor, national laws--sometimes supplemented by more rigorous state laws--exist to encourage proper recycling of fluorescent lamps. EPA encourages recycling of these lamps by allowing common carrier shipment to recycling facilities. To protect people who handle fluorescent lamps, EPA instructs that packaging should be designed to protect against breakage. While the rules mandate that lamps be packaged in structurally sound packages, the federal laws don't explicitly address mercury vapor release.

Read more about State Universal Waste Regulations and Federal Universal Waste Regulations

Brad Buscher
Chairman and CEO
VaporLok Products LLC

State and Federal Packaging Rules and Regulations

Federal regulations do not currently mandate the use of packaging designed to prevent the loss of mercury vapor. However, this may not continue to be the case. As the awareness of the dangers of mercury vapor increases, so have the federal and state rules that regulate its disposal.

In 1999, the Environmental Protection Agency (EPA) established environmental and transportation regulations, including packaging requirements for fluorescent lamps. They require lamps to be managed in containers designed to prevent breakage. However, they do not require the container to be designed to prevent the loss of mercury vapor. In 2005, the EPA added a requirement mandating that packaging be designed to prevent mercury from escaping into the environment.

The state of Washington recently signed Senate Bill 5543, making this state the first to address the dangers of unsafe packaging and transportation of used fluorescent lamps, as well as other mercury containing devices. Due to the ineffective nature of most packaging configurations utilized for shipping used fluorescent lamps, the new law mandates that these devices are packaged and shipped in material that will minimize the release of mercury into the environment. The law additionally requires packages to include mercury vapor barrier materials if lamps are transported by the United States postal service, a common carrier, or collected via curbside programs and mail-back businesses. Washington has set the precursor for additional states to follow. Read more about additional state regulations regarding safe packaging of used fluorescent lamps.

Brad Buscher
Chairman and CEO
VaporLok Products LLC

Future Mercury Waste Regulations: The First Step to a Brighter Future

The U.S. Environmental Protection Agency (EPA) promotes recycling of fluorescent lamps by allowing common carrier shipment to recycling facilities. The federal Universal Waste Rule requires packaging to be compatible with the contents of lamps, structurally sound and adequate to prevent breakage—but this rule does not specifically address mercury vapor release. In 2005, a provision was added that requires packaging for mercury-containing products to be "reasonably designed to prevent the escape of mercury into the environment by volatilization or any other means." However, fluorescent lamps were excluded from this rule.(1)

However, some states are beginning to address the dangers of unsafe packaging and transportation of used fluorescent lamps and mercury containing devices. On March 19, 2010, Washington signed Senate Bill 5543, requiring 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 they should include mercury vapor barrier packaging if transported by the United States postal service or a common carrie. This new legislation is set to be the precursor of future state and federal legislation as awareness of mercury vapor dangers increases. Find out more about these types of waste regulations and programs at these United States Environmental Protection Agency Sites.

REFERENCE
1. Standards for Universal Waste Management: Applicability—Lamps. CFR, Part 273.5, Title 40, 2007.

Brad Buscher
Chairman and CEO
VaporLok Products LLC

U.S. DOT Regulation of Fluorescent Lamp Transportation (Part 3 of 3)

In addition to the exceptions listed in the previous two posts, DOT regulations are, in general, relatively lax. They allow transport of used lamps in the original manufacturer’s packaging for a lamp, even though that packaging is almost certainly not designed to prevent the loss of mercury vapors. The DOT standard allows lamps (as long as each lamp contains less than five grams of mercury) to be transported in the “manufacturer’s original packaging” as long as the package contains less than 30 grams of total mercury.

Based on the mercury content assumptions described above, the DOT standard allows a lamp generator to transport any reasonable quantity (up to 1000 typical CFLs or low-mercury lamps) in the manufacturer’s original packaging. Read more about the need for more stringent packaging regulations in the blog post: Layers of Protection: Packaging Used Fluorescent Lamps.

Finally, most generators of used lamps are unlikely to comply with one specific requirement of DOT regulations. A shipper of used lamps must provide a “shipping paper” that indicates the quantity of mercury contained in the package. 49 C.F.R. § 173.164(c)((3)(iii). This requirement does not exist under federal and state universal waste rules that specifically exempt lamp generators and transporters from this type of record keeping in hopes of encouraging lamp recycling. While lamp recycling should be encouraged, it is only an effective method of preventing mercury vapor exposure and pollution when a proven package is utilized for storage and transportation of used lamps. For additional information on the U.S. DOT regulation of fluorescent lamp transportation, read Part 1 and Part 2 in this series.

Peder Larson
Attorney
Larkin Hoffman

U.S. DOT Regulation of Fluorescent Lamp Transportation (Part 2 of 3)

Federal requirements for transporting “hazardous materials” are contained in Title 49 of the U.S. DOT Code of Federal Regulations. Specific packaging standards for shipment of articles containing mercury, including “mercury vapor tubes,” are contained in 49 C.F.R. § 173.164. According to 49 C.F.R. § 173.164(b), the regulations do not apply to packages containing less than 1 gram of mercury: “Manufactured articles or apparatuses, each containing not more than 100 mg (0.0035 ounce) of mercury and packaged so that the quantity of mercury per package does not exceed 1 g (0.035 ounce) are not subject to the requirements of this subchapter.”

According to the EPA, an average CFL contains 4 milligrams of mercury. (Source: USEPA Energy Star July 2008) The Northeast Waste Management Officials’ Organization states that about half of the fluorescent lamps manufactured by the major lighting manufacturers and sold in the United States contain 5 to 10 milligrams of mercury, while a quarter contain 10 to 50. Lamps referred to as “low-mercury” generally contain 3.5 to 4 milligrams of mercury.

Assuming the average CFL or low-mercury lamp contains 4 milligrams of mercury per lamp, packages containing less than 250 CFLs or low-mercury lamps are exempt because the package will contain less than 1 gram of mercury (250 lamps at 4 milligrams/lamp or .004 grams/lamp contain 1 gram of mercury). Similarly, packages containing less than about 100–200 other types of lamps will also be exempt. However, even small quantities of mercury vapor can cause health and safety issues in addition to attributing to environmental problems. Read more about the risks associated with mercury and Part 1 and Part 3 in this series for additional information on the U.S. DOT regulation of fluorescent lamp transportation.

Peder Larson
Attorney
Larkin Hoffman

U.S. DOT Regulation of Fluorescent Lamp Transportation (Part 1 of 3)

Federal transportation requirements promulgated by the U.S. Department of Transportation (DOT) provide packaging standards for fluorescent lamps (referred to in the regulations as “mercury vapor tubes”). Those regulations require that shipments of lamps be contained in packaging that prevents the escape of mercury.

In practice, however, those DOT packaging requirements will rarely, if ever, apply to packages of used mercury-containing lamps. Based on the rules and the mercury content of used lamps, the DOT standards only apply to packages containing more than 250 typical CFLs or low mercury fluorescent lamps or 100–200 other types of fluorescent lamps. Most used lamps are transported in far smaller containers. Yet even a single broken lamp can emit mercury vapor beyond permissible exposure levels. For more information, read the blog posts: Potential Exposure of Mercury Due to Broken Fluorescent Lamps in the Workplace, Permissible Exposure Limits—Are You Being Exposed to Unsafe Levels of Mercury Vapor, and Part 2 in this series on U.S. DOT Regulation.

Peder Larson
Attorney
Larkin Hoffman

The End of an Era: Incandescent Light Bulb Factories Closing

The 2007 energy conservation measure passed by Congress set standards to essentially ban incandescent lights by 2013, requiring households to make the switch to more energy efficient lights. According to recent news, the last major General Electric factory in the United States is closing this month, marking an end to a fixture that has been lighting homes since the 1870s. With incandescents out, fluorescent lamps and CFLs continue to grow in popularity, providing energy and greenhouse gas emission savings.

Many consumers are worried about the mercury levels contained in fluorescent lights and the potential health, safety and environmental issues caused by mercury vapor emitted from broken lamps. However, with proper storage, transportation and disposal, fluorescent lights can be a green and safe lighting solution. According to a recent study by the University of Minnesota, only one package design out of the five tested is effective in containing mercury vapor beyond permissible exposure levels. Find out more about this configuration, which includes a vapor resistant and zip seal bag.

Lisa Brosseau, ScD, CIH
Associate Professor
University of Minnesota School of Public Health, Division of Environmental Health Sciences

CFL Usage and What You Should Do If a CFL Breaks in Your Home

As a result of a growing green movement and new government regulations—including an Act of Congress to cease the manufacture of incandescent lamps by 2013—the use of more energy efficient lights, such as CFLs, continues to increase. Like all fluorescent lights, CFLs contain hazardous mercury vapor, which is emitted when these fragile bulbs break and causes significant health and safety issues, as well as environmental concerns.

What should you do if a CFL breaks in your home? A Maine Compact Fluorescent Lamp Breakage Study found that mercury concentration in a room can exceed permissible exposure levels, even from the breakage of a single CFL. For a clean-up guide, click here: http://www.maine.gov/dep/rwm/homeowner/cflreport/appendixe.pdf

Brad Buscher
Chairman and CEO
VaporLok Products LLC

Additional State Regulations

While the federal government doesn't require recycling of all fluorescent lighting, several states have addressed this health issue with their own, more specific regulations regarding fluorescent lamp disposal. Minnesota, Massachusetts, California and Vermont are among states that prohibit disposal of all mercury-product waste in landfills. New York has a similar ban, with an exemption for households and businesses with 100 or less employees disposing of 15 or less non-hazardous waste lamps per month. Many other states prohibit non-household generators from disposing of any mercury containing fluorescent lamps in solid waste landfills regardless of TCLP test results, including Connecticut, Maine, New Hampshire, Florida and Rhode Island.

Peder Larson
Attorney
Larkin Hoffman

Permissible Exposure Limits—Are You Being Exposed to Unsafe Levels of Mercury Vapor?

The Federal Occupational Health and Safety Administration (OSHA) set a mercury permissible exposure limit (PEL) of 0.1 mg/m3 (8-hr time-weighted average [TWA]).1 Some state OSHA programs regulate a stricter mercury vapor limit of 0.05 mg/m3 (8-hr TWA). Additionally, the American Conference of Governmental Industrial Hygienists (ACGIH) recommends an a guideline of 0.025 mg/m3; this is the same value regulated by California OSHA.2

One broken 48-inch fluorescent lamp in a small room or vehicle can release enough mercury vapor to exceed the Federal OSHA PEL. Mercury vapor concentrations could exceed occupational exposure levels when working with or near broken bulbs, especially when multiple bulbs are stored or shipped in bulk to recycling facilities. Based on measurements of mercury vapor from single broken fluorescent bulbs, there is a need for additional research to quantify emissions from various types of packaging. The results indicate that emissions from packages not designed to contain mercury vapor represent a real health and safety concern to those involved in its storage, transport and disposal, as well as a legal hazard for any businesses that do not adhere to these stipulations. Recent research has shown that only one current package design which includes a vapor resistant and zip seal bag has proven effective in containing mercury vapor.

1. Occupational Health and Safety Standards: Air Contaminants. CFR, Part 1910.1000, Title 29, 2007.
2. Documentation of the Threshold Limit Values and Biological Exposure Indices, 7th ed.; National Institute for Occupational Safety and Health: Cincinnati, OH, 2001.

Lisa Brosseau, ScD, CIH
Associate Professor
University of Minnesota School of Public Health, Division of Environmental Health Sciences

You May Be Exposed to More Mercury Than You Think

Today, mercury continues to be used in many products, primarily in fluorescent lamps and compact fluorescent lamps (CFLs) in offices, stores and homes. Because of its high density, it is also used in barometers and manometers. Due to its high rate of thermal expansion—which remains fairly constant over a wide temperature range—mercury is also used extensively in thermometers and thermostats. Mercury-vapor lamps, which emit light rich in ultraviolet radiation, are used for street lighting, in water treatment plants as a disinfectant, and in tanning beds. Mercury is used as an electrode in the production of chlorine and sodium hydroxide and in certain electric batteries. Mercury is important as an electrical contact for switches, and mercury conducts the charge in fluorescent lamps.

Exposure typically comes from inhaling mercury vapors. For most of us, fluorescent lamps present the single greatest risk of mercury exposure in the work place. A recent study of exposure to broken "low mercury" lamps by the New Jersey Department of Environmental Protection entitled "Release of Mercury from Broken Fluorescent Bulbs" demonstrated that "elevated airborne levels of mercury could exist in the vicinity of recently broken lamps, and "could exceed occupational exposure limits."

There is currently significant risk in transporting fluorescent lamps and CFLs, as there are no packaging standards and few regulations in place requiring proper packaging for storage and transportation. To protect against mercury vapor exposure from used fluorescent lamps and other mercury-containing devices, these products should be stored and transported in a packaging configuration proven to contain mercury vapor. One current design includes a vapor resistant and zip seal bag and is the only design that has proven effective in containing mercury vapor.

Brad Buscher
Chairman and CEO
VaporLok Products LLC

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