Information Collection Request For Recycled Hazardous Secondary Materials

EPA has proposed an extension of an “information collection request,” or ICR, regarding recordkeeping related to the recycling of hazardous secondary materials. The specific requirements affected by the ICR request include shipping records and receipts, financial assurance requirements, personnel training, labeling storage containers, and emergency preparedness and response conditions. These information requests were set to expire in April of this year. The information requirements proposed for extension impact generators, verified recyclers, contractors, and others involved in shipping, transporting, and recycling hazardous secondary materials under the exclusions added in the 2015 Final Rule. These exclusions are found at 40 CFR 261.4(a)(23), (24), and (27), and the revised speculative accumulation requirement at 40 CFR 261.1(c)(8).

EPA is soliciting comments and information  to:

• Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency;
• evaluate the accuracy of the Agency's estimate of the burden of the proposed collection of information;
• enhance the quality, utility, and clarity of the information to be collected; and
• minimize the burden of the collection of information on those who are to respond.

EPA will consider comments received and amend the ICR as appropriate, and final ICR package will then be submitted to OMB for review and approval. At that time, the EPA will issue another Federal Register notice to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB.The comment period would end April, 27, 2018.

This action would extend paperwork requirements that originate from a January 2015 Final Rule that revised EPA’s Definition of Solid Waste to exclude certain hazardous secondary materials from regulation under RCRA. In addition to new exclusions, the Final Rule added recordkeeping rules EPA says ensure regulated entities meet their responsibilities and help inspectors verify compliance.



Flammable Hazardous Waste Storage

Background On Definition Of Solid Waste Rule

In 2015 the EPA published final revisions to the definition of solid waste that exclude certain hazardous secondary materials from regulation (80 FR 1694, January 13, 2015). The information requirements help ensure that (1) entities operating under the regulatory exclusions are held accountable to the applicable requirements; (2) state inspectors can verify compliance with the restrictions and conditions of the exclusions when needed; and (3) hazardous secondary materials exported for recycling are actually handled as commodities abroad.

Paperwork requirements finalized in that rule include:

• Under the generator-controlled exclusion at 40 CFR 261.4(a)(23), the tolling contractor has to maintain at its facility for no less than three years records of hazardous secondary materials received pursuant to its written contract with the tolling manufacturer, and the tolling manufacturer must maintain at its facility for no less than three years records of hazardous secondary materials shipped pursuant to its written contract with the tolling contractor. In addition, facilities performing the recycling of hazardous secondary materials under the generator-controlled exclusions at 40 CFR 261.4(a)(23) to maintain documentation of their legitimacy determination onsite.
• Under the verified recycler exclusion at 40 CFR 261.4(a)(24), a verified hazardous secondary materials recycler or an intermediate facility who has obtained a solid waste variance must meet the following conditions: Having financial assurance in place, having trained personnel, and meeting emergency preparedness and response conditions.
  Under the remanufacturing exclusion at 40 CFR 261.4(a)(27), both the hazardous secondary material generator and the remanufacturer must maintain records of shipments and confirmations of receipts for a period of three years from the dates of the shipments.
• Under the revised speculative accumulation requirement in 261.1(c)(8), all persons subject to the speculative accumulation requirements must label the storage unit by indicating the first date that the material began to be accumulated.

 

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Is Scrap Metal Hazardous?

On February 24, 2017, EPA issued a response to an inquiry about what does and does not meet EPA’s definitions of “scrap metal” and “processed scrap metal,” as they relate to scrap tantalum anodes, wire, pellets, pins, and powders. RCRA defines scrap metal as "bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled."

RCRA also recognizes different classes of scrap metal under “Excluded scrap metal”:

• Processed scrap metal is scrap metal which has been manually or physically altered to either separate it into distinct materials to enhance economic value or to improve the handling of materials. Processed scrap metal includes, but is not limited to scrap metal which has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by metal type (i.e., sorted), and, fines, drosses and related materials which have been agglomerated. (Note: shredded circuit boards being sent for recycling are not considered processed scrap metal. They are covered under the exclusion from the definition of solid waste for shredded circuit boards being recycled ( § 261.4(a)(14)).

• Home scrap metal is scrap metal as generated by steel mills, foundries, and refineries such as turnings, cuttings, punchings, and borings.

• Prompt scrap metal is scrap metal as generated by the metal working/fabrication industries and includes such scrap metal as turnings, cuttings, punchings, and borings. Prompt scrap is also known as industrial or new scrap metal.

Along with confirming scrap tantalum anodes, wire, pellets, and pins as scrap metal, more generally, EPA’s response highlights that metal powders only meet the definition of scrap metal if they are agglomerated in such a way that the agglomerated material physically resembles other types of scrap metal (i.e., bits and pieces of metal parts).

In the response, EPA noted:
 

• Scrap tantalum anodes, wire, pellets, and pins meet the definition of “scrap metal” found at §261.1(c)(6). (Tantalum is a highly corrosion-resistant transition metal that is widely used as a component in metal alloys.) Thus, if these materials are legitimately recycled (i.e., meeting the factors in §260.43), they are exempt from RCRA hazardous waste regulation under §261.6(a)(3)(ii), even if they exhibit a characteristic or have become contaminated with a listed waste.

• Tantalum powders would meet the definition of scrap metal in §261.1(c)(6) only if they are agglomerated in such a way that the agglomerated material physically resembles other types of scrap metal. For example, tantalum powder that has been mixed with a binder and then sintered at high temperature to cause the particles to form a structure of high mechanical strength and density would meet the definition of “fines, drosses and related materials which have been agglomerated” and would therefore be considered “processed scrap metal” per §261.1(c)(10). Per §261.4(a)(13), “processed scrap metal” is excluded from the definition of solid waste if legitimately recycled (i.e., meeting the factors in §260.43).

• Non-agglomerated tantalum powders would not meet the definition of scrap metal in §261.1(c)(6). Thus, non-agglomerated tantalum powders that exhibit a hazardous waste characteristic per Part 261, Subpart C would be considered a hazardous waste, even when sent for recycling.

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Who Needs A WDNR Solid Waste or Hazardous Waste Licence?

In Wisconsin, the Wisconsin Department of Natural Resources requires certain businesses that handle solid wastes, hazardous wastes, recyclable materials and other special wastes to have a licence issued by WDNR. This licence is in addition to any requirements to obtain an EPA facility ID, notify WDNR of hazardous waste activities, or to obtain a RCRA permit, if needed. Licences are required for 1) transporters and waste haulers, and 2) certain facilities.

Unlicensed Solid Waste Dump Identified 

During A Site Inspection

Waste Transporters/Haulers Licence

Businesses would need a waste transportation license if they:

• transport more than 20 tons of solid waste during a year;
• transport hazardous waste from businesses or institutions (non-households); or
• transporting more than 50 pounds of infectious waste within any one calendar month.

Special requirements have been published for haulers of solid waste or recyclables, waste tire haulers, used oil transporters/handlers. Not all businesses need a state license to transport solid waste, recyclables, hazardous waste or infectious waste; solid waste/recyclable transportation license  and infectious waste transportation license exemptions are listed in DNR rules.

Facility Licence

A DNR license is required for a solid waste landfill. In most cases, a DNR license is required for a compost facility, processing facility, storage facility, woodburning facility, incinerator or transfer station. Facilities that treat, store or dispose of hazardous waste must be licensed by the DNR, unless the activity is specifically exempt from the licensing requirement.

Caltha LLP assists waste generators and handlers in Wisconsin in applying for hazardous waste generator licence, developing hazardous waste management programs, providing employee hazardous waste training and waste reduction / waste minimization consulting.

Proposed Amendment of TSCA Chemical Data Reporting Rule

EPA intends to establish a Negotiated Rulemaking Committee under the Federal Advisory Committee Act (FACA) and the Negotiated Rulemaking Act (NRA) to negotiate a proposed rule would limit chemical data reporting requirements for manufacturers of certain inorganic byproduct chemical substances.. The objective of the Negotiated Rulemaking Committee will be to negotiate a proposed rule that would limit chemical data reporting requirements under section 8(a) of the Toxic Substances Control Act (TSCA), as amended by the Frank. R. Lautenberg Chemical Safety for the 21st Century Act, for manufacturers of any inorganic byproduct chemical substances, if byproduct chemical substances are subsequently recycled, reused, or reprocessed.

What is the Negotiated Rulemaking Process?

In 1986, EPA created the Inventory Update Reporting (IUR) regulation under TSCA section 8 to collect, every four years, limited information on the manufacture (which includes import) of organic chemical substances listed on the TSCA Inventory, thereby providing more up-to-date production volume information on the chemical substances in U.S. commerce. In 2005, EPA amended the IUR to require the reporting of information on inorganic chemical substances and to collect additional manufacturing, processing, and use information. Manufacturers of inorganic chemical substances first reported under the IUR in 2006. They also reported under the CDR in 2012 and 2016. Specific reporting requirements for these manufacturers were phased in, to allow for the industry to better understand the reporting requirements and for EPA to gain a better understanding of the industry. In recent years, the regulatory requirement to report byproduct chemical substances (and the availability of exemptions from that requirement) has been a frequent topic of discussion.

In 2011, EPA also stated that it would examine CDR information related to byproduct chemical substances to identify whether there are segments of byproduct chemical substance manufacturing for which EPA can determine that there is no need for the CDR information to continue to be collected, either for 2016 or for future reporting cycles. On June 22, 2016, TSCA was amended by the Lautenberg Act. TSCA now includes a requirement that EPA enter into a negotiated rulemaking, pursuant to the NRA, to develop and publish a proposed rule to limit the reporting requirements under TSCA section 8(a), for manufacturers of any inorganic byproduct chemical substances, when such byproduct chemical substances, whether by the byproduct chemical substance manufacturer or by any other person, are subsequently recycled, reused, or reprocessed.

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FInal Rule On Commercial And Industrial Solid Waste Incineration

EPA has published its final decision on the reconsideration of certain aspects of the March 21, 2011, final rule "Standards of Performance for New Stationary Sources and Emissions Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units" (CISWI rule). The amendments to 40 CFR part 60, subpart DDDD, are effective February 7, 2013, and to 40 CFR part 60, subpart CCCC, are effective August 7, 2013. The amendments in therule to 40 CFR part 241 are effective April 8, 2013.

EPA has denied all requests for reconsideration with respect to the final commercial and industrial solid waste incineration rule for which the agency did not previously grant reconsideration. The final action establishes effective dates for the standards and makes technical corrections to the final rule to clarify definitions, references, applicability and compliance issues.

In addition, EPA issued final amendments to the Non-Hazardous Secondary Materials rule (NHSM rule). Originally promulgated on March 21, 2011, the non-hazardous secondary materials rule provides the standards and procedures for identifying whether non-hazardous secondary materials are solid waste under the Resource Conservation and Recovery Act when used as fuels or ingredients in combustion units. The purpose of these amendments is to clarify several provisions in order to implement the non-hazardous secondary materials rule as the agency originally intended.



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Photovoltaic - Solar Modules Proposed As California Universal Waste

California Department of Toxic Substance Control has proposed regulations to add photovoltaic - solar modules as a category under the Universal Waste regulations. Solar modules are a form of photovoltaic technology where a semiconductor material, such as silicon, cadmium telluride or copper indium selenium, is encapsulated between two sheets of tempered glass. Solar modules are relatively simple, being comprised predominantly of a silicon or semiconductor substrate, which for thin–film modules is a thin layer of two or more metal– based semiconductors applied to the surface of glass. Solar modules are likely to exhibit the characteristic of toxicity due to heavy metals (such as cadmium, copper, lead, and selenium) and thus would be classified as hazardous waste, if disposed.

Currently, the volume of waste solar modules in California is very small with the exact number unknown. However, with the increase in deployment of solar modules throughout the state to meet its increasing energy needs, as well as meet the renewable energy goals established by the Governor, that volume of waste solar modules is anticipated to increase at a steady rate over the next 20 years.

The broad objectives of the DTSC regulations are to:

• Establish a conditional exemption in section 66261.6 (recyclable materials) for non–RCRA hazardous waste solar modules that are collected, transported and recycled by being reclaimed as part of a reclamation program administered by a solar module vendor (as defined in the proposed regulations).
• Designate hazardous waste solar modules, that are either RCRA hazardous waste or non–RCRA hazardous waste, as universal waste provided that the solar modules are recycled, not disposed, and are managed in accordance with the existing requirements of chapter 23 (Standards for Universal Waste Management).
• Maintain the existing hazardous waste requirement for recycling activities, including reclamation activities and other forms of hazardous waste treatment activities, which require a hazardous waste facility permit or other grant of authorization from DTSC.

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OSHA Guidance On Protecting Workers During Crushing & Recycling Fluorescent Bulbs

OSHA has issued two new educational resources to help protect workers from mercury exposure while crushing and recycling fluorescent bulbs. Compact fluorescent bulbs are more efficient than incandescent bulbs, but the shift to energy-saving fluorescents, which contain mercury, calls for more attention to workers who handle, dispose of, and recycle used fluorescent bulbs.

An OSHA fact sheet explains how workers may be exposed, what kinds of engineering controls and personal protective equipment they need, and how to use these controls and equipment properly. In addition, a new OSHA Quick Card alerts employers and workers to the hazards of mercury and provides information on how to properly clean up accidentally broken fluorescent bulbs to minimize workers' exposures to mercury.

According to OSHA, fluorescent bulbs can release mercury and may expose workers when they are broken accidentally or crushed as part of the routine disposal or recycling process. Depending on the duration and level of exposure, mercury can cause nervous system disorders such as tremors, kidney problems, and damage to unborn children.


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Proposed Changes To Hazardous Waste Recycling Requirements

The U.S. Environmental Protection Agency (EPA) has proposed new safeguards for recycling hazardous materials to protect public health and the environment. The proposed rule modifies EPA’s 2008 Definition of Solid Waste (DSW) rule, which revised hazardous waste regulations to encourage recycling of hazardous materials. The proposed rule is intended to improve accountability and oversight of hazardous materials recycling, while allowing f flexibility that will promote its economic and environmental benefits.

EPA is also releasing for public comment its draft expanded environmental justice analysis of the 2008 DSW final rule, which evaluates the rule’s potential impact on low-income and minority communities. EPA is also requesting public comment on the environmental justice analysis as well as on suggested changes received from peer review. The analysis and peer review comments will be available in the docket for this rulemaking once the proposal is published.

EPA’s re-examination of the 2008 DSW final rule identified areas in the regulations that could be improved to better protect public health and the environment with a particular focus on adjacent communities by ensuring better management of hazardous waste. The proposed rule includes provisions to address those areas through increased transparency and oversight and accountability for hazardous materials recycling. Facilities that recycle onsite or within the same company under the reduced regulatory requirements retained under the proposal would be subject to enhanced storage and recordkeeping requirements as compared to the 2008 rule. Companies that send their hazardous materials offsite for recycling would have tailored storage standards, while being required to send their materials to a permitted hazardous waste recycling facility. The proposed rule requires all forms of hazardous waste recycling to meet requirements designed to ensure materials are legitimately recycled and not being disposed of illegally.

EPA will accept comment on this proposal for 60 days after publication in the Federal Register.

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Risk and Technology Review RTR For Secondary Lead Smelters

In December 2010, US EPA initiated its Risk and Technology Review (RTR) for Secondary Lead Smelters. The review will address both EPA's obligation under Clean Air Act (CAA) section 112(f)(2) and 112(d)(6) to conduct a residual risk review and to conduct a technology review.

Under the "technology review" provision of CAA section 112, EPA is required to review maximum achievable control technology (MACT) standards and to revise them "as necessary (taking into account developments in practices, processes and control technologies)" no less frequently than every 8 years. Under the "residual risk" provision of CAA section 112, EPA must evaluate the MACT standards within 8 years after promulgation and promulgate standards if required to provide an ample margin of safety to protect public health or prevent an adverse environmental effect. These reviews will address possible residual risks, technology advancements, and technical deficiencies in the existing MACT.

The MACT standards for Secondary Lead Smelters, also known as the National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Secondary Lead Smelters, were promulgated in 1995 under Clean Air Act Section 112(d). The standards establish emission limitations and work practice standards for all new and existing secondary lead smelters that produce refined lead from lead scrap, mainly recycled spent lead acid batteries.

EPA anticipates the RTR for Secondary Lead Smelters will be published in the Federal Register in May 2011.

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FTC Green Guides Revision Proposed - Renewable Energy, Renewable Materials Claims

The Federal Trade Commission (FTC) has proposed revisions to the guidance for marketers to help them avoid making misleading environmental claims. The proposed changes are designed to update the Guides and make them easier for companies to understand and use. The changes to the “Green Guides” include new guidance on marketers’ use of product certifications and seals of approval, “renewable energy” claims, “renewable materials” claims, and “carbon offset” claims. FTC will accept public comments on the proposed changes until December 10, 2010.
The Green Guides were first issued in 1992 and then revised in 1996 and 1998. The guidance they provide includes: 1) general principles that apply to all environmental marketing claims; 2) how consumers are likely to interpret particular claims and how marketers can substantiate these claims; and 3) how marketers can qualify their claims to avoid deceiving consumers.

Proposed Revisions to the Guides
The revised Guides caution marketers not to make blanket, general claims that a product is “environmentally friendly” or “eco-friendly” because the FTC’s consumer perception study confirms that such claims are likely to suggest that the product has specific and far-reaching environmental benefits. Very few products, if any, have all the attributes consumers seem to perceive from such claims, making these claims nearly impossible to substantiate.

The proposed Guides also caution marketers not to use unqualified certifications or seals of approval – those that do not specify the basis for the certification. The Guides more prominently state that unqualified product certifications and seals of approval likely constitute general environmental benefit claims, and they advise marketers that the qualifications they apply to certifications or seals should be clear, prominent, and specific.

Next, the proposed revised Guides advise marketers how consumers are likely to understand certain environmental claims, including that a product is degradable, compostable, or “free of” a particular substance. For example, if a marketer claims that a product that is thrown in the trash is “degradable,” it should decompose in a “reasonably short period of time” – no more than one year.


New Guidance Proposed
The proposed changes would update the Guides by giving advice about claims that are not addressed in the current Guides, such as claims about the use of “renewable materials” and “renewable energy.” The FTC’s consumer perception research suggests that consumers could be misled by these claims because they interpret them differently than marketers intend. Because of this, the Guides advise marketers to provide specific information about the materials and energy used. Moreover, marketers should not make unqualified renewable energy claims if the power used to manufacture any part of the product was derived from fossil fuels.

The proposed revised Guides also provide new advice about carbon offset claims. Carbon offsets fund projects that reduce greenhouse gas emissions in one place in order to counterbalance or “offset” emissions that occur elsewhere. The Guides advise marketers to disclose if the emission reductions that are being offset by a consumer’s purchase will not occur within two years. They also advise marketers to avoid advertising an offset if the activity that produces the offset is already required by law.

Because the FTC lacks a sufficient basis to provide meaningful guidance or because the FTC wants to avoid proposing guidance that duplicates rules or guidance of other agencies, the proposed Guides do not address use of the terms “sustainable,” “natural,” and “organic.” Organic claims made for textiles and other products derived from agricultural products are currently covered by the U.S. Department of Agriculture’s National Organic Program.

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Coal Ash Proposed Rule - RCRA Subtitle C Subtitle D

The U.S. Environmental Protection Agency is proposing rules to ensure the safe disposal and management of coal ash from coal-fired power plants. Agency rules are intended to ensure that protective controls, such as liners and groundwater monitoring, are in place at new landfills to protect groundwater and human health. Existing surface impoundments will also require liners, with incentives to close the impoundments and transition to safer landfills, which store coal ash in dry form. The proposed regulations also are intended to promote recycling and beneficial uses of coal ash.

The proposal describes two approaches for addressing the risks of coal ash management under the nation's primary law for regulating solid waste, the Resource Recovery and Conservation Act (RCRA). One option is drawn from authorities available under Subtitle C, which creates a comprehensive program of federally enforceable requirements for waste management and disposal. The other option includes remedies under Subtitle D, which gives EPA authority to set performance standards for waste management facilities and would be enforced primarily through citizen suits.

Under both approaches proposed by EPA, the agency would leave in place the Bevill exemption for beneficial uses of coal ash in which coal combustion residuals are recycled as components of products instead of placed in impoundments or landfills.

EPA is seeking public comment on the continued exemption of beneficial uses from regulation and on whether that exemption should exclude certain non-contained applications where contaminants in coal ash could pose risks to human health. The public comment period is 90 days from the date the rule is published in the Federal Register.

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Illinois Electronic Products Recycling and Reuse Act

Illinois Environmental Protection Agency has notified computer, television and printer manufacturing companies doing business in Illinois of statewide collection and recycling requirements as they implement recycling programs for excess electronic waste (e-waste). The Illinois Electronic Products Recycling and Reuse Act requires electronic manufacturers and retailers to properly manage discarded and unwanted electronic products, if they sell their products in the state. They must establish a system for recycling and/or reusing computers, monitors, televisions and printers discarded from residences. Beginning January 1, 2012, computers, monitors, televisions and printers will be banned from landfill disposal.

Each year, the Illinois EPA sets a statewide goal for the amount of e-waste that must be recycled and then allocates that goal among electronics manufacturers based on various formulas included in the Act. The statewide recycling goal for 2010 is 31 million pounds of e-waste. Manufacturers are required to pay for e-waste recycling and/or refurbishment up to the amount of their annual goal.

The law does not specify methods for manufacturers to meet these obligations, allowing a free market approach to determine over time the most cost-effective means of annual goal achievement.

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Proposed Rules on Air Transport of Lithium Batteries

The U.S. Department of Transportation (DOT) has proposed new requirements for air shipments of lithium batteries and cells, including when they are packed with or contained in equipment. The proposed changes intended to ensure that lithium batteries are designed to withstand normal transportation conditions and that they are packaged to reduce the possibility of damage that could lead to an unsafe incident.

DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA), in coordination with the Federal Aviation Administration (FAA), developed this Notice of Proposed Rulemaking to comprehensively address the safe transportation of lithium cells and batteries when being shipped on aircraft.

In part, DOT proposes to:

• Eliminate regulatory exceptions for small lithium cells and batteries when included in an air shipment; and require their transportation as Class 9 materials, meaning they could pose a hazard when transported;

• Subject packages of small lithium batteries to well-recognized marking and labeling requirements for hazardous materials;

• Require transport documentation to accompany a shipment of small lithium batteries, including notifying the pilot in command of the presence and location of lithium batteries being shipped on the aircraft;

• Require manufacturers to retain results of satisfactory completion of United Nations design-type tests for each lithium cell and battery type;

• Limit stowage of lithium cell and battery shipments aboard aircraft to cargo locations accessible to the crew or locations equipped with an FAA-approved fire suppression system, unless transported in a container approved by the FAA Administrator; and

• Apply appropriate safety measures for the transport of lithium cells or batteries identified as being defective for safety reasons, or those that have been damaged or are otherwise being returned to the manufacturer, and limit the transportation of defective or damaged cells or batteries to highway and rail.

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Final Hazardous Waste Import - Export - Shipment Rules

The U.S. Environmental Protection Agency has published its final rule to align EPA hazardous waste import/export/transit shipment regulations with the procedures of the Organization for Economic Cooperation and Development (OECD), an international consortium that comprises 30 countries including the United States.

Specifically, this rule revises:

1. Existing RCRA regulation regarding the transboundary movement of hazardous wastes for recovery among countries belonging to the OECD to conform to legally required revisions made by the OECD, such as:

- requiring U.S. recovery facilities to submit a certificate after recovery of the waste has been completed,
- adding provisions to ensure that hazardous wastes are returned to the country of export in a more timely and documented manner when it is necessary to do so, and
- adding new procedures for imported hazardous wastes that are initially managed at U.S. accumulation and transfer facilities to better track and document that subsequent recovery by a separate recycling facility is completed in an environmentally sound manner.

2. RCRA regulations for spent lead-acid batteries (SLAB) to add export notification and consent requirements to provide stricter controls and greater transparency for exports of SLABs to any country, and should ensure that the batteries are sent to countries and reclamation facilities in those countries that can manage the SLABs in an environmentally sound manner.

3. Hazardous waste import-related requirements for U.S. hazardous waste management facilities to confirm individual import shipments comply with the terms of EPA’s consent. and

4. The address to which export exception reports are to be sent.

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NY Proposed Rules for Used Electronic Equipment - CRT

The New York State Department of Environmental Conservation (NYSDEC) is currently drafting a proposed rules for the management of used electronic equipment. Posting of the preliminary draft regulation is anticipated for Spring 2009, followed by further opportunity for public comment.

The resulting proposed rulemaking will amend NYSDEC regulations to streamline the management of used electronic equipment, whether regulated as hazardous waste or solid waste. The main issues to be addressed in the proposed rulemaking are:

• Adopting provisions of the Federal Cathode Ray Tube (CRT) Rule


• Adopting management standards for Collectors, Dismantlers, and Recyclers of Used Electronic Equipment


• Adopting provisions of the New York State Wireless Telephone Recycling Act


• Amending the requirements of New York's current Generator "c7" Notification

Currently in NYS, intact CRTs destined for recycling are eligible for the hazardous scrap metal exemption. However, when the CRT glass is no longer adherent to the metal, CRT glass could be regulated hazardous waste. The Federal CRT Rule contains the provisions to conditionally exclude this CRT glass from hazardous waste rules.

The current c7 notification requirements require generators (other than CESQGs) sending used electronics for recycling under the hazardous scrap metal exemption to file notifications. In the rulemaking, the NYSDEC is proposing to change the requirement to “[generators] must maintain on site, for a period of three years from the date of each shipment, the names and locations of the dismantling or recycling facilities and any intermediate receiving facilities."

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Universal Waste Rule - Pharmaceutical Wastes and Take-back Programs

EPA has proposing to add hazardous pharmaceutical wastes to the Universal Waste Rule. The Universal Waste Rule, originally promulgated in 1995, modified hazardous waste regulations by establishing a set of streamlined requirements for the collection of certain widely dispersed hazardous wastes, called "universal wastes''. EPA expects that the proposed rule would facilitate better management of pharmaceutical wastes by streamlining the generator requirements and encouraging generators of hazardous pharmaceutical wastes to manage them under the provisions of the Universal Waste Rule. This Rule ensures that hazardous pharmaceutical wastes are properly disposed of and treated as hazardous wastes.

In addition, this proposed rule would facilitate the implementation of pharmaceutical take-back programs by removing RCRA barriers in the collection of pharmaceutical wastes from health care and other such regulated facilities, as well as facilitate the collection of pharmaceutical wastes from households, including non-hazardous pharmaceutical wastes.

Caltha LLP assists waste generators in developing cost effective waste management procedures that meet State and Federal waste management Rules.

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Battery Recycling Requirements - New European Union Rules

New EU-wide rules to boost the collection and recycling of used domestic batteries came into force recently. The rules are intended to reduce the environmental and health hazards posed by mercury, lead, cadmium and other metals in batteries.

The targets, agreed by EU member states, are the collection of 25 % of discarded household batteries by 2012. This target will rise to 45 % in 2016.

By September 26, 2009 all batteries collected should be recycled, with exceptions in certain circumstances. Batteries containing mercury, lead and cadmium are classified in Europe as "hazardous waste". The new rules also cover industrial and vehicle batteries, ensuring that users have the possibility of returning used batteries for collection. The new rules also include restrictions on the use of mercury in all batteries and on the use of cadmium in portable batteries.

Caltha LLP assists manufacturers in meeting product stewardship goals and regulatory requirements associated with their products.

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EU Proposes Revision To WEEE Directive

The Waste Electronics and Electric Equipment (WEEE) Directive came into force in 2003. Soon after a number of technical, legal and administrative difficulties became apparent; therefore the WEEE Directive was thus called out for up-date and simplification.

The WEEE Directive aims to 1) prevent the generation of electrical and electronic waste and 2) to promote reuse, recycling and other forms of recovery to reduce the quantity of waste discarded. It requires the collection of waste electrical and electronic equipment and the recovery and reuse or recycling of waste collected.

The directive is based on producer responsibility; producers of equipment used by private households are responsible for providing financing for the collection, treatment, recovery and environmentally-sound disposal of WEEE deposited at collection facilities. Producers of equipment used by others than private households are financially responsible for the costs of collection, treatment, recovery and environmentally-sound disposal.

Member States are required to draw up a register of producers and collect information on an annual basis on the quantities and categories of electrical and electronic equipment placed on their market, collected, re-used, recycled and recovered within that Member State and on collected waste exported.

Since 2003 data have shown that the Directive's goals could not be achieved at current collection and recycling rates. An EU review of the Directive required the Commission to propose new mandatory WEEE collection target and new targets for recovery and re-use or recycling, including for reusing whole appliances as appropriate, and targets for electrical and electronic medical devices. A new provision is added to harmonize producer registration and reporting in the EU by making national registers inter-operable.

Experience with the WEEE Directive also points to implementation problems resulting in a high percentage of WEEE not handled according to the requirements of the directive. It also shows that a significant amount of illegal shipments of polluting E-waste finds its way to developing countries where is has an impact on the health of local populations. To close the implementation gap, the EU proposes to strengthen the enforcement of the WEEE Directive.

Caltha LLP assists manufacturers in meeting their product stewardship goals and regulatory requirements.

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info@calthacompany.com
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New US DOT Rules on Transport of Spent Batteries

The U.S. Department of Transportation (US DOT) has adopted new hazardous materials transportation regulations covering the batteries. These rules address concerns about the potential safety hazards of shipping large quantities of lithium-ion (Li-ion) batteries. The rules took effect on October 1, 2008 and will impact the companies and individuals shipping batteries for recycling and the recycling industry.

The new US DOT rules require that Li-ion batteries to be shipped in original equipment or have tape over the terminal connections to help prevent short circuits. In addition, the US DOT has new requirements for marking and labeling of shipping packages.

Most of the rules changes will apply to commercial shipments. But some of the changes will also impact consumers sending small numbers of phones for recycling.

[read more about other recent amendments to hazardous material shipping requirements]

For further information contact Caltha LLP at
info@calthacompany.com
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Caltha LLP Website

Product Stewardship Requirements - Draft Oregon DEQ Rule

In December 2008, Oregon Department of Environmental Quality (ODEQ) released a working draft of its Product Stewardship Framework. Under the working draft, no specific products were identified. In the future, products subject to requirements would be designated by the Legislature based on a set of criteria.

The draft does designate some Producer Requirements. Producer and/or importers of designated products would be required to must establish, finance, and operate statewide product stewardship programs for the designated products. The programs must:

• Provide collection, transportation, reuse, recycling, and disposal of designated products and their components;
• Provide adequate insurance and financial assurance;
• Provide an education and outreach component to consumers, retailers, and other interested parties.

Producers could operate the program individually, collectively with other producers, or enter into an agreement with a stewardship organization to operate the program on their behalf. Product stewardship programs must be provided free of charge anyone with an unwanted product. Under the working draft, producers must provide statewide collection that is convenient, available, and free and there must be at least one collection site in every county and in every city with a population of at least 10,000.

Each product will have performance goals. ODEQ will establish by rule how performance goals will be measured. For the first 4 operating years of the program, the producers would establish the goal amounts and report on progress toward achieving the goals; however, these initial goals are not enforceable. In operating year 5, ODEQ would set specific, enforceable regulatory standards for the performance goals.

Caltha LLP provides expert consulting support to companies needing to meet internal or regulatory product stewardship requirements.

For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website