CALL CENTER QUESTIONS & ANSWERS
RCRA
1. Contractors as Cogenerators of
Universal Waste Lamps
An elementary school is in the process of
remodeling and is replacing its light fixtures
with more energy-efficient lamps. This
process will generate more than 5,000 kg of
spent hazardous waste lamps that will be
subject to the universal waste management
standards in 40 CFR Part 273. If the school
hires a contractor to remove the spent
hazardous lamps, who is required to comply
with the universal waste standards in Part
273?
Both the school and the contractor will be
subject to the universal waste handler
standards in Part 273 because they would
both be considered universal waste handlers.
A universal waste handler is defined as a
generator of universal waste or the owner or
operator of a facility that receives universal
waste from other universal waste handlers
(§273.9). A generator is any person, by site,
whose act or process produces hazardous
waste or whose act first causes a hazardous
waste to become subject to regulation
(§273.9). In this case, the school used the
lamps and made the determination to discard
them and is thus a generator. The contractor
that actually removes the universal waste
lamps from service is considered a handler
and generator of the waste making the
school and the contractor cogenerators (64
FR 36466, 36474; July 6, 1999). As
cogenerators, both the school and the
contractor will be jointly and severally liable
as universal waste handlers. EPA
recommends that when two or more parties
meet the definition of generator they should
mutually agree to have one party perform
the generator duties (45 FR 72024, 72026;
October 30, 1980). The generator duties in
this case are those required of a large
quantity handler of universal waste in Part
273, Subpart C, which apply to universal
waste handlers accumulating 5,000
kilograms or more universal waste at any
time (§273.9).

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