Electronic Waste Recycling Act DTSC Final Regulations Workshop

1
Electronic Waste Recycling ActDTSC Final
Regulations Workshop

• Presented by Charles Corcoran and Valetti Lang
• Department of Toxic Substances Control
• August 23, 2005

2
DTSC Final Regulations

• Background
• DTSC adopted emergency regulations, the
  alternative management standards (AMS) for
  electronic devices that are hazardous wastes to
  implement SB 20.
• The AMS regulations are part of DTSCs universal
  waste regulations. The AMS regulations are
  consistent with the cathode ray tube (CRT)
  regulations adopted in 2001.
• The AMS regulations allow specified treatment
  activities for recycling universal waste
  electronic devices (UWEDs) without obtaining a
  hazardous waste facility permit.
• AMS Regulations expire June 6, 2006.

3
DTSC Final Regulations

• Background continued
• DTSC adopted emergency regulations (Chapter 11,
  Appendix X) that identified devices managed as
  covered electronic devices.
• Two (2) devices (LCD plasma televisions) were
  added to the original list on December 27, 2004.
• The additions to the Appendix X regulations
  expire on January 1, 2007.

4
DTSC Final Regulations

• Background continued
• DTSC adopted emergency regulations 66260.201
  requiring manufacturers to provide its retailers
  a notification containing specified information
  on its covered electronic devices.
• The notification requirements were amended
• April 11, 2005 to make them more flexible.
• The manufacturer notification regulations expire
  on April 11, 2007.

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DTSC Final Regulations

• DTSCs final regulations will make these three
  (3) emergency regulations (AMS Regulations,
  Chapter 11, Appendix X List, Manufacturer
  Notification Requirements) permanent.
• This is your opportunity to interact with DTSC
  and provide input on what is or what should be
  required to properly and safely recycle UWEDs and
  CRT materials.
• This is the time to address needed or wanted
  changes to the Chapter 23 requirements for
  managing UWEDs and CRT materials.
• This is the time to let us know what works too!

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DTSC Final Regulations

• RULEMAKING TIMELINE
• ACTIVITIES APPROXIMATE DATES
• Prepare Package 10/1/2005
• Regulation Workshops 11/2005
• Public Notice Period
• (hearing on last day) 01/02/2006 -02/15/2006
• Review/respond to public comments. 03/15/2006
• 15-Day Public Notice 04/01/2006
• DTSC Submit to OAL Review 05/01/2006
• Effective Date 06/01/2006

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DTSC Final Regulations

• SB 50 requires DTSC to adopt regulations
  consistent with the European Union Directive
  2002/95/EC which prohibits, under specified
  conditions, the sale of electronic devices due to
  the presence of certain substances.
• Commonly referred to as the Restriction of
  Hazardous Substances (RoHS Directive).
• SB 50 requires DTSCs regulations to be based on
  the published decision of the Technical
  Adaptation Committee (TAC) which establishes the
  maximum concentration values (MCVs) for hazardous
  substances prohibited by the RoHS Directive.
• TAC published its Decision on August 18, 2005
  http//europa.eu.int/eur-lex/lex/LexUriServ/site/
  en/oj/2005/l_214/l_21420050819en00650065.pdf
• DTSCs final regulations package will include the
  MCVs established by TAC for lead, mercury,
  hexavalent chromium, and cadmium.

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DTSC Final Regulations

• Scope and Definition of Covered Electronic Device
  (CED)
• Chapter 11, Appendix X
• How can DTSC better clarify which devices are
  CEDs?
• What other devices should be included in SB50
  Program?
• 66273.8 Disposal exemption for CEDs (February
  2006)
• Should DTSC terminate the 2006 disposal exemption
  for LCD-containing CEDs in final regulations or
  in February 2006?
• 66260.201 Manufacturer Notification
• What level of detail should be contained in the
  notification?
• How are the retailers using the notifications?
• How are retailers determining the appropriate fee
  (6, 8, 10)?
• How are the retailers determining screen size?

9
DTSC Final Regulations

• Waste Management Standards
• Currently
• Article 2 66273.13 (UWED small quantity handler)
• Article 3 66273.33 (UWED large quantity handler)
• Article 7 66273.83 (CRT material handler)
• Proposed
• Consolidate and adopt handler standards that
  address universal rule (Chapter 23) requirements
  for
• Handlers of universal waste
• Recyclers of universal waste

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DTSC Final Regulations

• Universal Waste Handler General Standards What
  are the appropriate standards for handling UWEDs
  and CRT material?
• Notifications 66273.12/32 and 66273.13/33(d)(2)(A
  )/66273.82
• Are there any problems with notification
  requirements?
• Reporting 66273.13/33(d)(2)(B)
• Are there any problems with the reporting
  requirements?
• Labeling/Marking (66273.14/34/84)
• Are there any problems with labeling for UWEDs
  and CRT materials?
• Accumulation Time Limits (66273.15/35/85)
• Is the one-year accumulation time limit clear?

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DTSC Final Regulations

• Employee Training (66273.16/36/86)
• What elements should be present in the training
  plan?
• What do employees handling UWEDs/CRT materials
  need to know?
• Do you support/not support consolidation of
  small/large quantity standards into one set if
  the change places additional training requirement
  on small quantity handlers?

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DTSC Final Regulations

• Employee Training (66273.16/36/86)
• SQH inform all employees describe proper
  handling and emergency procedures appropriate to
  the type(s) of universal waste handled at the
  facility.
• LQH ensure that all employeesfamiliar with
  proper waste handling and emergency procedures,
  relative to their responsibilities during normal
  facility operations and emergencies.
• CRTMH inform all employeesof proper handling
  and emergency procedures appropriate for the
  waste handled at the facility.
• These employees must receive training on the
  hazardous associated with handling CRT materials,
  the requirements of Chapter 23, and proper
  procedures for responding to releases.
• These employees have an annual review of
  training.
• Training records maintained at least three(3)
  years.

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DTSC Final Regulations

• Universal Waste Handler Standards (cont.)
• Response to Releases (66273.17/37/87)
• Comments?
• Off-site Shipments (66273.18/38/88)
• Comments?
• Tracking UW Shipments (66273.19/39/89)
• Comments?
• Exports (66273.20/40/90)
• Comments?
• Transportation (66273.50-56)
• Comments?

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DTSC Final Regulations

• Universal Waste Handler Standards (cont.)
• Waste Management (66273.13/33/83)
• Are there any problems associated with
  differentiating the levels of activities
  (dismantlers, processors, etc.) and the
  corresponding requirements?
• Other comments?

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DTSC Final Regulations

• Universal Waste Handler Standards (cont.)
• Closure cost estimate
• Comments?
• Financial assurance for closure
• Comments?
• Financial responsibility for liability
• Comments?

16
DTSC Final Regulations

• Additional Feedback
• DTSC requests your written comments on this
  workshop to be submitted no later than the end of
  September 2005.
• Written comments may be submitted to
• Mailed DTSC, 11th Floor, MS-10
• P.O. Box 806
• Sacramento, California 95812-0806
• Attn Universal Waste AMS Regulations
• Electronic ccorcora_at_dtsc.ca.gov or
  vlang_at_dtsc.ca.gov