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

The need for more stringent packaging regulations

The Environmental Protection Agency (EPA) is one of the organizations challenged with the task of simultaneously encouraging the use of energy-efficient fluorescent lamps, while also protecting the environment and people from harmful mercury vapor. The EPA permits common carrier shipment to recycling facilities, and 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.

This may change. More recent federal regulations applicable to other mercury wastes (like switches, thermostats and thermometers) require management in packaging designed to prevent the loss of mercury vapor. Plus, a new law in the State of Washington requires that many lamps be managed in containers that prevent the loss of mercury vapors, and the State of Wisconsin recently considered language that would require mercury vapor containment for household lamps. Read more about new state legislation in my next post.

Peder Larson
Attorney
Larkin Hoffman