Many fluorescent and other MCLs and all MCDs contain quantities of mercury sufficient to fail the US EPA’s Toxicity Characteristic (TC), and are subject to the hazardous waste regulations under the federal Resource Conservation and Recovery Act (RCRA) when discarded (See 40 CFR 261.24). However, many generators may not realize that their spent mercury-containing lamps or devices are hazardous waste. Also, due to the volatility of the mercury and the fragility of many types of MCLs and MCDs, mercury vapor can be released quite readily into the environment upon the improper management of these wastes.

Since MCLs and MCDs are generated by many different types of facilities that have not normally been covered by hazardous waste regulations in the past, the Florida Department of Environmental Protection (DEP) has created rules Chapter 62-737, F.A.C. (pdf) that make it easier for generators of MCLs and MCDs to properly manage their MCLs and MCLs for the recovery and proper management of the mercury they contain. These rules have been adopted using the US EPA’s Universal Waste Rule (UWR) framework (40 CFR Part 273). In Florida, MCLs and MCDs that exhibit the hazardous waste characteristic for mercury and are being managed in accordance with Chapter 62-737, F.A.C., are considered to be state universal wastes.