[Federal Register: December 26, 2002 (Volume 67, Number 248)]
[Rules and Regulations]
[Page 78718-78731]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26de02-14]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 261
[FRL-7429-3]
RIN 2003-AA00
Regulatory Innovations: Pilot-Specific Rule for Electronic
Materials in the EPA Region III Mid-Atlantic States; Hazardous Waste
Management System; Modification of the Hazardous Waste Program; Cathode
Ray Tubes
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: Many used cathode ray tubes (CRTs) are currently classified as
characteristic hazardous wastes under the Resource Conservation and
Recovery Act (RCRA). Such CRTs are therefore subject to the hazardous
waste regulations of RCRA Subtitle C unless they come from a household
or a conditionally exempt small quantity generator. Today EPA is taking
direct final action on a revision to its hazardous waste program under
RCRA to exclude used CRTs and glass removed from CRTs from the
definition of ``solid waste'' in the EPA Region III Mid-Atlantic States
(which include the States of Delaware, Maryland, and West Virginia, the
Commonwealths of Pennsylvania and Virginia, and the District of
Columbia). Additionally, the preamble to this rule clarifies when used
CRTs and other used electronic equipment become a ``solid waste.'' This
rule will support an ongoing e-Cycling Pilot Project of EPA Region
III's Mid-Atlantic States, which is promoting reuse and recycling of
electronics. EPA believes that today's direct final rule will encourage
increased recycling and better management of these materials in Region
III states.
EPA has proposed a similar, albeit broader, conditional exclusion
for CRTs and certain other electronic materials that would be effective
nationwide (June 12, 2002, 67 FR 40508-40528). EPA is promulgating this
regional rule now because it believes that implementing the rule in the
Region III states will produce information about the CRT conditional
exclusion that will be useful to EPA as it assesses the appropriateness
of adopting the RCRA exclusion nationally. EPA expects to withdraw the
regional rule if and when a final national rule becomes effective.
DATES: This direct final rule is effective on February 24, 2003 without
further notice, unless EPA receives adverse comment by January 27,
2003. If we receive such comment, EPA will publish a timely withdrawal
in the Federal Register informing the public that this rule will not
take effect.
ADDRESSES: Comments may be submitted by mail or electronically.
Commenters must send an original and two copies of their comments
referencing docket number III-02-OEI-01 to: Marie Holman (3EI00), U.S.
EPA Region III, Office of Environmental Innovation, 1650 Arch Street,
Philadelphia, PA 19103-2029 or holman.marie@epa.gov. Further
[[Page 78719]]
detailed instructions are provided in the Electronic Comment Submission
section of the SUPPLEMENTARY INFORMATION section below.
FOR FURTHER INFORMATION CONTACT: For general information about the
management of solid waste under RCRA, contact the RCRA/Superfund/EPCRA/
UST Hotline at (800) 424-9346 (toll free) or TDD (800) 553-7672
(hearing impaired). For more detailed information on specific aspects
of this rulemaking, contact Ms. Marie Holman by U.S. mail at U.S. EPA
Region III (3EI00), 1650 Arch Street, Philadelphia, Pennsylvania,
19103-2029, by telephoning 215-814-5463, or by electronic mail at:
holman.marie@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. How Does This Direct Final Rule Relate to the Proposed Pilot-
Specific Rule for Electronic Materials in the EPA Region III Mid-
Atlantic States; Hazardous Waste Management System; Modification of the
Hazardous Waste Program; Cathode Ray Tubes?
EPA is promulgating this as a direct final rule (amending RCRA's
definition of solid waste) without prior proposal because it views this
as a noncontroversial submittal and anticipates no adverse comments.
Also, in the ``Proposed Rules'' section of today's Federal Register
publication, we are publishing a separate document entitled ``Proposed
Pilot-Specific Rule for Electronic Materials in the EPA Region III Mid-
Atlantic States; Hazardous Waste Management System; Modification of the
Hazardous Waste Program; Cathode Ray Tubes'' that will serve as a
proposed rule if adverse comments are filed. The direct final rule will
be effective February 24, 2003 without further notice unless we receive
adverse comment by January 27, 2003. If EPA receives adverse comment,
we will publish a timely withdrawal in the Federal Register informing
the public that the rule will not take effect. We will address all
public comments in a subsequent final rule based on the proposed rule.
We will not institute a second comment period on this action. Any
parties interested in commenting must do so at this time.
B. How Can I Get Copies of Related Information?
1. Docket
EPA has established an official public docket for this action under
RCRA Docket ID No. III-02-OEI-01. The official public docket consists
of the documents specifically referenced in this action, any public
comments received, and other information related to this action.
Although a part of the official docket, the public docket does not
include Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. The official public docket
is the collection of materials that is available for public viewing at
the EPA Region III Library, 1650 Arch Street, Philadelphia, PA 19103.
This Docket Facility is open from 9 a.m. through 4 p.m., Monday through
Friday, excluding federal holidays. To review docket materials, it is
recommended that you make an appointment by calling Marie Holman at
215-814-5463. You may copy a maximum of 100 pages from any file
maintained at the docket at no charge. Additional copies cost $0.15 per
page.
2. Access to Information
You may access this Federal Register document electronically
through the EPA Internet under the ``Federal Register'' listings at
http://www.epa.gov/fedrgstr/. You can also review some of the
supporting documents for the national proposed rule (June 12, 2002, 67
FR 40508-40528) (which supports the regional rule), in electronic
format on the Internet at URL: http:/www.epa.gov/epa/epaoswer/hazwaste/recycle/electron/crt.htm
.
You may view public comments and the supporting materials for the
issues and memoranda discussed below at U.S. EPA Region III Library,
1650 Arch Street, Philadelphia, PA 19103. The library is open from 9
a.m. to 4 p.m., Monday through Friday, excluding federal holidays. To
review docket materials, it is recommended that the you make an
appointment by calling Marie Holman at 215-814-5463.
Certain types of information will not be placed in the EPA Dockets.
Information claimed as CBI and other information whose disclosure is
restricted by statute, which is not included in the official public
docket, will not be available for public viewing in EPA's electronic
public docket. EPA's policy is that copyrighted material will not be
placed in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. Although not all
docket materials may be available electronically, you may still access
any of the publicly available docket materials through the docket
facility identified in I.B.1.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's public docket as EPA
receives them and without change, unless the comment contains
copyrighted material, CBI, or other information whose disclosure is
restricted by statute. When EPA identifies a comment containing
copyrighted material, EPA will provide a reference to that material in
the version of the comment that is placed in EPA's electronic public
docket. The entire printed comment, including the copyrighted material,
will be available in the public docket.
C. How and To Whom Do I Submit Comments?
You may submit comments electronically or by mail. To ensure proper
receipt by EPA, identify the appropriate docket identification number
in the subject line on the first page of your comment. Please ensure
that your comments are submitted within the specified comment period.
Comments received after the close of the comment period will be marked
``late.'' EPA is not required to consider these late comments. If you
wish to submit CBI or information that is otherwise protected by
statute, please follow the instructions in I.B.2 and I.D.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket, and made
available in EPA's electronic public docket. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment.
i. E-mail. Comments may be sent by electronic mail (e-mail) to
holman.marie@epa.gov, Attention Docket ID No. III-02-OEI-01. In
contrast to EPA's electronic public docket, EPA's e-mail system is not
an ``anonymous access'' system. If you send an e-mail comment directly
to the
[[Page 78720]]
Docket without going through EPA's electronic public docket, EPA's e-
mail system automatically captures your e-mail address. E-mail
addresses that are automatically captured by EPA's e-mail system are
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.
ii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in I.B. These
electronic submissions will be accepted in WordPerfect or ASCII file
format. Avoid the use of special characters and any form of encryption.
2. By Mail. Send an original and two copies of you comments
referencing docket number III-02-OEI-01 to Marie Holman, Office of
Environmental Innovation (3EI00), U.S. EPA, 1650 Arch Street,
Philadelphia, PA 19103-2029.
D. How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI
electronically through EPA's electronic public docket or by e-mail.
This information needs to be submitted under separate cover. Send
information (original and two copies of CBI) identified as CBI only to
the following address: Marie Holman, Office of Environmental Innovation
(3EI00), U.S. EPA, 1650 Arch Street, Philadelphia, PA 19103-2029,
Attention Docket ID No. III-02-OEI-01. You may claim information that
you submit to EPA as CBI by marking any part or all of that information
as CBI. Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the public docket and EPA's electronic public docket. If you submit
the copy that does not contain CBI on disk or CD ROM, mark the outside
of the disk or CD ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and EPA's
electronic public docket without prior notice. If you have any
questions about CBI or the procedures for claiming CBI, please consult
the person identified in the FOR FURTHER INFORMATION CONTACT section.
E. What Should I Consider as I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that
support your views.
4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline
identified.
8. To ensure proper receipt by EPA, identify the appropriate docket
identification number in the subject line on the first page of your
response. It would also be helpful if you provided the name, date, and
Federal Register citation related to your comments.
F. Compliance Date
This direct final rule is effective on February 24, 2003 without
further notice, unless EPA receives adverse comment by January 27,
2003. If we receive such comment, EPA will publish a timely withdrawal
in the Federal Register informing the public that this rule will not
take effect. (Under section 3010 of RCRA, rules may take effect in less
than six months if the regulated community does not need the six-month
period to come into compliance. That is the case here because the rule
reduces, rather than increases, the existing requirements for persons
handling used CRTs and glass removed from CRTs sent for recycling. EPA
believes that 60 days provides adequate time to come into compliance
with the new, less burdensome labeling and other requirements contained
in the rule.)
Preamble Outline
I. Legal Authority
II. List of Abbreviations and Acronyms
III. State-EPA Region III ECOS e-Cycling Project Background
A. What is the State-EPA Region III e-Cycling Pilot Project?
B. What is the Relationship of this Rule to the State-EPA Region
III e-Cycling Pilot Project?
C. How Does this Rule Differ from the Proposed National CRT
Rule?
IV. Cathode Ray Tubes
A. What Is the Purpose of EPA's Direct Final Rule?
B. What Are Cathode Ray Tubes?
C. Why Are Cathode Ray Tubes An Environmental Concern?
D. How Are Used Cathode Ray Tubes Currently Managed?
E. How Do EPA's Current Regulations Apply to CRTs and Other
Electronic Materials?
F. What Are The Common Sense Initiative (CSI) Recommendations?
G. Requirements for Used CRTs Undergoing Recycling
V. State Authority
A. Applicability of Rules in Authorized EPA Region III's States
B. Effect on State Authorization
C. Interstate Transport
VI. Regulatory Requirements
A. Executive Order 12866
B. Regulatory Flexibility Act, as amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601
et. seq.
C. Submission to Congress and the Comptroller General
D. Paperwork Reduction Act
E. Unfunded Mandates
F. Executive Order 13132
G. Executive Order 13175
H. Executive Order 13045
I. Executive Order 13211
J. National Technology Transfer and Advancement Act of 1995
K. Environmental Justice
I. Legal Authority
These regulations are promulgated under the authority of Sections
2002(a), 3001, 3002, 3004, and 3006 of the Solid Waste Disposal Act of
1970, as amended by the Resource Conservation and Recovery Act of 1976
(RCRA), and as amended by the Hazardous and Solid Waste Amendments of
1984 (HSWA), 42 U.S.C. 6912(a), 6921, 6922, 6924, and 6926.
II. List of Abbreviations and Acronyms
CES Computers and Electronics Subcommittee
CESQG Conditionally Exempt Small Quantity Generators
CFR Code of Federal Regulations
CRT Cathode Ray Tube
CSI Common Sense Initiative
ECOS Environmental Council of States
FPD Flat Panel Display
LDR Land Disposal Restrictions
LQG Large Quantity Generator
RCRA Resource Conservation and Recovery Act
SQG Small Quantity Generator
TC Toxicity Characteristic
TCLP Toxicity Characteristic Leaching Procedure
TSDF Treatment, Storage and Disposal Facility
TV Television
WTE Waste-to-Energy
III. State-EPA Region III ECOS e-Cycling Project Background
A. What is the State-EPA Region III e-Cycling Pilot Project?
Over the past several years EPA Region III and its states have been
working together to improve the management of end-of-life electronics.
Representatives of original equipment manufacturers, retailers,
transporters, dismantlers, and government agencies
[[Page 78721]]
have met to identify barriers to successful recycling of end-of-life
electronics, and to propose possible solutions. Region III and the
states then developed the State-EPA Region III e-Cycling Pilot Project
to test different regional approaches. The purpose of the Pilot Project
is to significantly increase the number of end-of-life electronics that
are recycled and to determine whether the approaches being implemented
in EPA Region III's states will achieve this goal.
To help achieve the increased recycling objective, the states in
the Mid-Atlantic Region of EPA have agreed to work with local
governments having jurisdiction over waste collection activities.
Assistance to the local governmental agencies will include the
development of outreach materials (such as model press releases, public
service announcements, brochures, fact sheets and newspaper
advertisements) to gain greater participation in the e-Cycling Pilot
Project. It is anticipated that these tools and others will facilitate
the collection of end-of-life electronic materials from households,
small businesses, and other entities. Some states may provide seed
money to local governments to assist them in starting up their
collection activities. EPA has also provided funding to assist the
Region III states in implementing the Pilot Project. These funds will
be used to develop public education and outreach materials, collect
pertinent data, and provide general support to the e-Cycling Pilot
Project.
It is expected that partnerships with electronic equipment
retailers, manufacturers, waste transporters and recyclers will be
developed to assist in setting up the infrastructure necessary to
transport and recycle these end-of-life electronic materials. For
example, several retailers and manufactures already have or are
planning ``take back'' programs to allow their customers to return end-
of-life electronics to the place of purchase.
B. What Is the Relationship of This Rule to the State-EPA Region III e-
Cycling Pilot Project?
In 2001, the States of Delaware, Maryland, and West Virginia, the
Commonwealths of Pennsylvania and Virginia, and the District of
Columbia (EPA Region III's states) submitted to EPA Region III's
Regional Administrator a proposal for regulatory innovation entitled,
``Regulatory Exclusion for End-of-Life Electronic Materials that are
Dismantled for Recovery of Useful Elements' (hereafter e-Cycling Pilot
Project). This project proposal was submitted under the auspices of the
1998 Environmental Council of States (ECOS) Agreement to Pursue
Regulatory Innovations, (FR May 5, 1998, 63 FR 24784-24796). EPA
accepted the proposal in a Memorandum of Understanding (MOU) executed
by EPA and Region III states in October, 2001. The MOU proposes a
framework for managing end-of-life electronics in a way that is
environmentally sound while encouraging the reuse and recycling of
these materials. The MOU also recognizes the need for EPA to clarify
its understanding of when these materials are ``discarded'' such that
they are solid wastes.
To assist in implementing the pilot project, today EPA is
promulgating a conditional exclusion from the definition of solid waste
for used cathode ray tubes (CRTs) and glass removed from CRTs sent for
recycling within Region III. In today's notice, the Agency is also
clarifying the status of other ``end-of-life electronics'' sent for
reuse and recycling under RCRA.
C. How Does This Rule Differ From the Proposed National CRT Rule?
As noted above, EPA is currently proposing a similar national rule.
EPA has accelerated the regional rule because it believes that the
prompt implementation of this rule in the Region III states, building
on the existing Region III e-Cycling Project, will produce information
about the CRT conditional exclusion that will be useful to EPA as it
considers final action on the nationwide rule. EPA expects to withdraw
the regional rule if and when a final national rule becomes effective.
The regional rule is narrower in scope. It only includes the
conditional exclusion for used CRTs and processed CRT glass. The
proposed national rule addresses mercury-containing equipment and
export issues; the regional rule does not address these issues. Again,
EPA expects to withdraw the regional rule if and when the final
national rule becomes effective.
IV. Cathode Ray Tubes
A. What Is The Purpose of EPA's Direct Final Rule?
Technological advances in information management and communication
have improved the quality of people's lives in countless ways. However,
our growing use of electronic products at home and in the workplace has
given us a new environmental challenge: electronics waste. Today's rule
is an important step towards meeting the challenge of managing
electronics waste in a way that is environmentally sound, while
encouraging the reuse and recycling of these materials in EPA Region
III's states.
EPA estimates that about 57 million televisions and computers are
sold annually to households and businesses in the United States.
Purchasers of these and other consumer electronics often do not discard
older models when buying newer versions of the same products. Consumers
(both business and household) frequently store their retired products.
Experts agree that the average household may have between two and three
television or computer units in storage. The number of units (mainly
computers) stored by businesses is much greater. In total,
approximately 20 to 24 million computers and televisions are added to
storage each year. Over the next decade, storage is expected to
increase at a faster rate because of advances in digital technology for
televisions. Just as advances in computer speed and software have made
older computers uneconomical to repair, newer digital broadcast
standards are likely to reduce the repair and resale value of older
televisions.
Recycling glass from computers and televisions is still largely a
new industry. However, the number of units available for reuse or
recycling is growing rapidly, and state and industry initiatives to
promote recycling are increasing. EPA is eager to see this industry
grow, in part because reusing and recycling these materials saves
valuable natural resources and avoids their disposal in landfills and
incinerators. The Agency must, of course, assure that materials under
RCRA jurisdiction are managed in a way that protects human health and
the environment.
EPA's Common Sense Initiative Council recommended streamlined
nationwide requirements for CRT glass that is removed from computers
and televisions and processed to make new CRT glass. The conditional
exclusion promulgated today for ``glass-to-glass'' processing grows out
of these recommendations. The Council included representatives from
industry, non-governmental and community organizations, state
governments, and academic institutions.
Today, the Agency is promulgating a direct final rule which will
revise management requirements for used CRTs and glass removed from
CRTs by creating a conditional exclusion from the definition of solid
waste for these materials when they are recycled within the EPA Region
III states (see 40 CFR 261.4(a)(24)). The purpose of these simplified
requirements is to encourage greater reuse, recycling, and better
[[Page 78722]]
management of this growing waste stream, a problem particularly acute
in the Region III states, while maintaining necessary environmental
protection.
B. What Are Cathode Ray Tubes?
CRTs are vacuum tubes, made primarily of glass, which constitute
the video display components of televisions and computer monitors. CRT
sizes are typically measured from one corner; the diagonal of a CRT
display generally ranges from 1 to 38 inches. Other types of CRTs
include medical, automotive, oscilloscope, and appliance CRTs, which
are typically 12 inches diagonal or smaller, while military and
aircraft control tower CRTs may be much larger.
CRTs are built of a specialized glass that often contains lead.
They consist of four major parts: a glass panel (faceplate); a shadow
mask; a glass funnel; and a glass neck which houses the electron gun.
The glass panel is the front of the CRT that the viewer sees when
looking at a TV or computer screen. The shadow mask is a thin metal
sheet with holes that is located immediately behind the glass panel.
Attached to the back of the glass panel is the glass funnel. The panel
and funnel are joined with the shadow mask and sealed together with a
low-temperature glass frit, consisting of solder glass containing
organic binders. The back end of the CRT is the glass neck that holds
the electron gun. This gun produces the electrons that strike the glass
panel, resulting in viewable images on the display surface. A CRT is
assembled into a monitor, a unit that includes several other parts,
including a plastic cabinet, electromagnetic shields, circuit boards,
connectors, and cabling.
C. Why Are Cathode Ray Tubes An Environmental Concern?
Manufacturers generally use significant quantities of lead to make
color cathode ray tubes. Televisions and color computer monitors
contain an average of four pounds of lead (the exact amount depends on
size and make). Lead is present in the panel glass, funnel, neck, and
glass frit of color CRTs, with the highest concentrations usually found
in the frit and funnel glass. Although the amount of lead used in some
manufacturing processes of CRTs appears to be decreasing, most color
CRTs contain quantities of lead sufficient to make the discarded CRT
glass a hazardous waste under RCRA. Under Subtitle C of RCRA, a solid
waste is a hazardous waste if it exhibits one or more of the
characteristics of ignitability, corrosivity, reactivity, or toxicity
in 40 CFR Part 261, Subpart C, or if it is a listed hazardous waste in
Part 261, Subpart D. Of relevance here is the toxicity characteristic,
40 CFR 261.24, which classifies as a hazardous waste any solid waste
containing five (5) milligrams per liter (mg/l) or more of lead when
tested with EPA's toxicity characteristic leaching procedure (TCLP).
According to a study of CRTs published by the University of
Florida, the average concentration of lead in leachate from colored CRT
glass generated through EPA's TCLP was 22.2 mg/l. This level is
considerably above the toxicity characteristic regulatory level of 5
mg/l that is used to classify lead-containing wastes as hazardous (40
CFR 261.24(b)). For monochrome CRTs, the average lead leachate
concentration was 0.03 mg/l. These data appear to indicate that black
and white monitors do not generally fail the TC. The faceplate also
does not usually fail the TC.
Other hazardous constituents sometimes present in CRT glass are
mercury, cadmium, and arsenic. However, these constituents are found in
very low concentrations that are unlikely to exceed the TC
concentration limits (see Characterization of Lead Leachability from
Cathode Ray Tubes Using the Toxicity Characteristic Leaching Procedure,
T.G. Townsend et al., University of Florida, 1999). Flat panel displays
(FPDs) have emerged on the electronics market as a replacement for CRTs
in certain applications, primarily because FPDs are lighter, smaller,
and more portable, and they consume less energy during operation. FPDs
generally contain no lead, but may contain encapsulated mercury in
small amounts.
D. How Are Used Cathode Ray Tubes Currently Managed?
1. Reuse
Many used computers are resold or donated so that they can be used
again, either as is or after minor repairs. Although the Agency has no
legal jurisdiction over reused computers per se, we encourage this
option as a responsible way to manage these materials, because
preventing or delaying the generation of waste often conserves
resources. This option extends the lives of valuable products and keeps
them out of the waste management system for a longer time. Reuse also
allows schools, non-profit organizations, and individual families to
use equipment that they otherwise could not afford. Many markets for
reuse of computers are located abroad, particularly in countries where
few may be able to purchase state-of-the-art new equipment.
Organizations which handle used computers vary from area to area.
In some cases, nonprofit organizations such as charities and school
districts take donations of used computer equipment. These
organizations may test the equipment, and, if necessary, rewire it and
replace various parts, including the electron gun, before sending them
for reuse. In other cases, the entities that collect the CRTs send them
to another organization with more expertise for evaluation and possible
repair and reuse. CRTs that cannot be used after such minor repairs may
be sent to recycling or disposal. CRTs from televisions are more likely
to be repaired by appliance dealers or small repair shops before reuse.
2. Recycling
a. Collection of Used CRTs
If reuse or repair is not a practical option, CRTs can be sent for
recycling, which typically consists of disassembly for the purpose of
recovering valuable materials from the CRTs, especially glass. A
growing number of municipalities are offering to collect computers and
electronics for recycling. In addition, public and private
organizations have emerged that accept such materials for the same
purpose. Examples of such organizations include county recycling drop-
off centers, television repair shops, charities, electronics recycling
companies, and electronics manufacturers and retailers.
An increasing number of electronics manufacturers are offering to
take back computer CRTs for recycling. In some cases, these services
are provided free. In other cases, a fee is charged, usually for
shipping and handling. Take-back programs have been available for some
time to major corporations and large purchasers of electronic
equipment. Now, electronics manufacturers are beginning to offer
similar services for computer CRTs to small businesses and households.
b. Recycling of Unused CRTs and Unused CRT Glass
Makers of glass for CRTs recycle some of the glass they produce
because it does not meet product specifications. EPA estimates that
about one or two percent of glass production results in unused, off-
specification products. This glass is generally recycled into new CRT
glass. The glass may be recycled on-site at a CRT glass manufacturing
facility, or it may be sent to a glass processor. Computers and
television manufacturers also find that a small percentage of
[[Page 78723]]
assembled monitors are ``off-specification.'' They may send these
unused devices to a glass processor.
c. Glass Processing and Other Materials Recovery
CRT glass processors that accept used CRTs generally receive them
from three sources: the glass manufacturers described above (who supply
most of the glass), manufacturers of monitor units who decide not to
sell off-specification monitors, and businesses who provide used
computers or televisions, which at present are a much smaller source.
The used CRTs are typically stored in a warehouse. When the
processing begins, the CRT display unit is dismantled, and the bare CRT
is separated from all other parts (usually glass, plastic, or metal).
Next, the vacuum is released by drilling through the anode, a small
metal button in the funnel. The different glass portions of the CRT
(faceplate, funnel, and neck) are then separated and classified
according to chemical composition, especially by the amount of lead
contained. The same sorting takes place for broken glass received from
CRT glass manufacturers, which is separated into leaded and non-leaded
glass. All glass is then cleaned and the coatings removed. The sorted
and cleaned cullet (i.e., processed glass) is then typically stored in
enclosed areas before it is shipped off-site to a CRT glass
manufacturer (or sometimes to a smelter or to manufacturers of other
kinds of glass). When a CRT glass manufacturing facility receives a
shipment of processed CRT glass, it removes the anode button and
further crushes the glass, which then enters a furnace to be heated and
made into new CRT glass.
Sometimes the processed glass is sent to a lead smelter where it is
recycled to reclaim the lead and to provide silica, which acts as a
fluxing agent in the smelter. These uses often occur if the glass does
not meet the specifications for CRT glass. The cleaning process
described above also generates glass fines that are collected and sold
to lead smelters to be used as a fluxing agent. In addition, processed
CRT glass may be sent to copper smelters, also for use as a flux.
Sometimes other types of production facilities use processed CRT glass
to make objects such as radiation shielding, acoustical barriers,
optical glass beads, or decorative glass and tile products. The market
for these recycled glass items is currently limited, but may grow in
the future.
3. Disposal
Many consumers do not wish to discard monitors and TVs if they can
be recycled. Many or most CRTs therefore remain in storage. Of the CRTs
that are disposed of by households, most go to municipal landfills, and
others to municipal waste-to-energy (WTE) facilities. Only a small
percentage are recycled (see Life Cycle Assessment of the Disposal of
Household Electronics, D. McKenna et. al., August 1996, which indicated
that only one percent of CRTs from households were recycled). Some CRTs
from non-household sources are also placed in municipal landfills. Some
states (such as Massachusetts and California) have banned CRTs from all
sources from landfills.
E. How Do EPA's Current Regulations Apply to CRTs and Other Electronic
Materials?
As described above, CRT glass often exhibits the toxicity
characteristic (TC) for lead because this constituent is used to make
most CRT glass. Whether a person or facility is currently subject to
the RCRA hazardous waste regulations depends on several factors,
including whether the CRT will be recycled or disposed and the type of
user. RCRA Subtitle C regulations set forth requirements for hazardous
waste generators, transporters, and owners and operators of treatment,
storage, and disposal facilities (TSDFs). EPA regulations also contain
exclusions for certain wastes from the definition of solid waste or
hazardous waste (40 CFR 261.4)(a) and (b)). However, EPA has developed
streamlined rules for particular wastes, including recyclable wastes
(40 CFR part 266) and universal wastes such as batteries, pesticides,
thermostats, and lamps that are widely generated by different
industries (40 CFR part 273). Following is a brief description of how
different entities are currently regulated.
1. Who Is Regulated and Who Is Not?
a. Households
Households that dispose of or recycle CRTs are exempt from
hazardous waste management requirements under 40 CFR 261.4(b)(1).
Households may therefore send their used computer and television
monitors to any facility or collector for recycling or disposal without
being subject to RCRA Subtitle C regulation. Other facilities managing
household hazardous waste (such as collectors, recyclers, or disposers)
continue to be exempt from hazardous waste requirements unless the
household waste is mixed with other regulated hazardous waste.
b. Non-Residential Generators
Non-residential generators of less than 100 kilograms (about 220
lbs) of hazardous waste (including CRTs) in a calendar month are known
as conditionally exempt small quantity generators (CESQGs) and are not
subject to most RCRA Subtitle C hazardous waste management standards.
The Agency notes that about seven or eight CRTs would be sufficient to
weigh 220 lbs (assuming that each monitor weighed 30 lbs). These CESQGs
may choose to send their wastes to a municipal solid waste landfill or
other facility approved by the state for the management of industrial
or municipal non-hazardous wastes, including recycling facilities (40
CFR 261.5). Generators of more than 100 kilograms (about 220 lbs) and
less than 1,000 kilograms (about 2,200 lbs) of hazardous waste
(including CRTs) in a calendar month are considered small quantity
generators (SQGs) and are subject to the RCRA hazardous waste
management standards, but are allowed to comply with certain reduced
regulatory requirements (40 CFR 262.34(d)). Generators of more than
1,000 kilograms (about 2,200 lbs) of hazardous waste in a calendar
month are considered large quantity generators (LQGs) and are subject
to all the applicable hazardous waste regulations for generators (40
CFR 262.34(a)). CRTs that are not considered wastes should not be
counted in determining whether a generator is a CESQG, SQG, or LQG.
2. When Do CRTs Become Wastes?
To determine whether a non-residential facility with used CRTs must
comply with the RCRA hazardous waste regulations, the user must first
determine if its used CRTs are solid wastes. Following is a brief
description of how solid waste determinations for CRTs are made under
federal law. (However, the Agency notes that all Region III states'
regulatory agencies are authorized to implement the hazardous waste
program in lieu of the federal program, and state regulations may be
more stringent than the federal regulations. Users should, therefore,
consult with the appropriate state agency before making their
determinations.)
a. Reuse and Repair of Used CRTs
EPA has consistently taken the view that materials used and taken
out of service by one person are not wastes if a second person puts
them to the same type of use without first ``reclaiming'' them (see 50
FR 624, January 5, 1985). Many CRTs are taken out of service by
[[Page 78724]]
both businesses and households not because they can no longer be used,
but because users are upgrading their systems to take advantage of the
rapid advances that have resulted in better and faster electronics.
Businesses and organizations upgrading their computers often replace
the entire computer system, including the monitors. A working CRT-
containing unit considered obsolete by one user is therefore likely to
be capable of reuse as a computer monitor or a television monitor by
another user.
Many businesses and organizations that take CRTs out of service do
not have the specialized knowledge needed to determine whether the unit
can be reused as a computer or television display unit. Moreover, those
entities often do not decide whether a particular CRT will, in fact, be
reused. Many businesses and other organizations send used computers and
televisions to resellers. Resellers often test CRTs or otherwise decide
if the CRTs can be reused directly, if they can be reused after minor
repairs, or if they must be sent for further processing or disposal.
Because the typical original user usually lacks the specialized
knowledge needed to decide the future of a CRT, EPA is today clarifying
that we do not consider a user sending a CRT to a reseller for
potential reuse to be a RCRA generator.
Furthermore, EPA today clarifies that used CRTs undergoing repairs
before resale or distribution are not being ``reclaimed,'' and are
considered to be products ``in use'' rather than solid wastes.
Resellers of used CRTs generally test and identify equipment that can
be resold or is economically repairable. Sometimes the equipment is
collected and redistributed for reuse with no repairs. If repairs are
necessary, they typically consist of rewiring, replacing defective
parts, or replacing the electron gun. Under these circumstances, the
CRT would still be considered a commercial product rather than a solid
waste. EPA believes that these repairs and replacement activities do
not constitute waste management.
As discussed below in section III.E.3, EPA also applies these
principles to other ``end-of-life'' electronic devices, which also
would not be wastes if sent to resellers for potential reuse.
This regulatory interpretation for CRTs and other ``reused''
electronics is not unique to Region III states; it applies nationwide,
as EPA stated in the national CRT proposal. See 67 FR. 40508, 40511
(June 12, 2002).
b. Unused CRTs Sent for Recycling
Sometimes manufacturers of computers and televisions send unused
CRTs (usually off-specification CRTs) directly to glass processors who
break the CRTs and separate out the glass components. Generally, the
processor then sends the processed glass to a glass-to-glass recycler
or to another recycling facility, such as a lead smelter. Although EPA
could consider these activities to constitute reclamation, the Agency
does not regulate the reclamation of either listed or characteristic
unused commercial chemical products (see 50 FR 14219, April 11, 1985).
EPA considers unused CRTs to be unused commercial chemical products.
Therefore, these materials are not solid wastes when sent for
reclamation.
c. Used CRTs Sent For Recycling
Under the current RCRA regulations, used CRTs sent directly to
glass processors or other recyclers could, under some circumstances, be
considered spent materials undergoing reclamation, and could therefore
be solid wastes. However, as explained elsewhere in this notice, EPA
believes that under some circumstances used CRTs sent for recycling do
not resemble spent materials. Therefore, the Agency is today
promulgating an exclusion from the definition of solid waste for used
CRTs being recycled in Region III states if they are managed under
certain conditions. Users and resellers sending used CRTs to recyclers
should check with their authorized states to see which RCRA Subtitle C
requirements, if any, are applicable to their activities.
d. Disposal
If a non-household entity decides to send used or unused CRTs
directly to a landfill or an incinerator for disposal, that entity
would be considered the generator of a solid waste. The person making
the decision must determine if the CRTs exhibit a hazardous waste
characteristic under 40 CFR Part 261, Subpart C. He may either test the
CRTs or use process knowledge to make this determination. As stated
above, many or most CRTs from color computer or television monitors
exhibit the toxicity characteristic (TC) for lead. Although EPA's data
indicate that most CRTs from black and white monitors do not fail the
TC, those that do are subject to all applicable hazardous waste
management requirements. When a decision is made to dispose of
hazardous waste CRTs, the non-residential user, reseller, or
manufacturer must comply with all applicable hazardous waste generator
requirements of 40 CFR Part 262, including packaging and labeling, 90-
day accumulation requirements, use of the hazardous waste manifest, and
recordkeeping and reporting (unless the generator is a CESQG).
Some companies ship their waste CRTs to hazardous waste landfills
for disposal. Used CRTs generated by a non-residential facility that
fail the TC for lead must meet applicable land disposal restrictions
(LDRs), 40 CFR Part 268, before being placed in a land-based unit, such
as a landfill. These restrictions do not apply to CRTs generated by
households or CESQGs. To meet LDRs, the CRT glass must be treated so
that the TCLP lead concentration does not exceed 0.75 mg per liter.
This concentration level is generally achieved by crushing and
stabilizing the glass through the addition of chemicals which reduce
the solubility of lead when contacted by leachate.
3. When Do Non-CRT Electronic Materials Become Wastes?
In 1992, the Agency issued a memorandum to its EPA Regional Waste
Management Directors stating that used whole circuit boards are
considered to be scrap metal when sent for reclamation, and therefore
exempt from regulation under RCRA. The Agency has also addressed
printed circuit boards in the Land Disposal Restrictions Phase IV
rulemaking (see 62 FR 25998, May 12, 1997). In that rulemaking, the
Agency provided an exclusion from the definition of solid waste at 40
CFR 261.4(a)(14) for shredded circuit boards being reclaimed, provided
they are stored in containers sufficient to prevent a release to the
environment prior to recovery and provided they are free of mercury
switches, mercury relays, nickel-cadmium batteries and lithium
batteries. Subsequently, on May 26, 1998 (63 FR 28556), the Agency
clarified that the scrap metal exemption applies to whole used circuit
boards that contain minor battery or mercury switch components and that
are sent for continued use, reuse, or recovery. In that notice, EPA
stated that it was not the Agency's intent to regulate under RCRA
circuit boards containing minimal quantities of mercury and batteries
that are protectively packaged to minimize dispersion of metal
constituents. Once these materials are removed from the boards, they
become a newly generated waste subject to a hazardous waste
determination. If they meet the criteria to be classified as a
hazardous waste, they must be handled as hazardous waste; otherwise,
they must be managed as a solid waste.
The Agency is studying certain non-CRT electronic materials to
determine whether they consistently exhibit a
[[Page 78725]]
characteristic of hazardous waste. However, we are not currently aware
of any non-CRT computer components or electronic products that would
generally be hazardous wastes. With respect to these materials, the
Agency will use the same line of reasoning that is outlined above for
CRTs to determine if the materials are solid wastes. That is, if an
original user sends electronic materials to a reseller because he lacks
the specialized knowledge needed to determine whether the units can be
reused as products, the original user is not a RCRA generator. The
materials will not be considered solid wastes until a decision is made
to recycle them in other ways or dispose of them.
F. What Are The Common Sense Initiative (CSI) Recommendations?
From 1994 through 1998, EPA's Common Sense Initiative (CSI)
explored the environmental regulation of six industry sectors and
looked for ways to make environmental regulation ``cleaner, cheaper,
and smarter.'' EPA established CSI as an advisory committee (the ``CSI
Council'') under the Federal Advisory Committee Act. The CSI Council
included representatives from each industry sector, from non-
governmental environmental and community organizations, from state
governments, and from colleges and universities. EPA also established
subcommittees of the Council for each industry sector. The
subcommittees included representatives of the various stakeholders
represented in the CSI Council. One of the industry sectors selected
for this initiative was the computer and electronics industry. The CSI
Computers and Electronics Subcommittee (CES) then formed a workgroup to
examine regulatory barriers to pollution prevention and recycling. The
workgroup (known as the ``Overcoming Barriers Workgroup'') explored the
problems of managing mounting volumes of outdated computer and
electronics equipment.
One of the concerns investigated by the Overcoming Barriers
Workgroup and the CES was the barrier to CRT recycling created by some
existing hazardous waste management regulations. The CES urged that
removing such barriers was essential to fostering CRT recycling,
especially glass-to-glass recycling. The Subcommittee believed that CRT
recycling would provide the following benefits: (1) Less lead sent to
landfills and combustors; (2) added resource value of specialty glass
and lead; (3) lower waste management costs; (4) less regulatory
uncertainty about CRT recovery and recycling; (5) less use of raw lead
in CRT glass manufacturing; (6) better melting characteristics,
improved heat transfer, and lower energy consumption in CRT glass
manufacturing furnaces; (7) improved CRT glass quality; and (8) lower
emissions of lead from CRT glass manufacturing. The CES Subcommittee
indicated that some recycling methods or end products (other than those
associated with glass-to-glass recycling) may pose risks to human
health and the environment and would require further investigation.
As a result of the findings of the CES Subcommittee, the CSI
Council issued a document entitled, ``Recommendation on Cathode Ray
Tube (CRT) Glass-to-Glass Recycling.'' In this document, the Council
recommended streamlining regulatory requirements for CRTs that would
encourage recycling and better management. The recommendations included
revised requirements for packaging, labeling, transportation; general
performance standards for glass processors; and export provisions. The
CSI Council also recommended an exclusion from the definition of solid
waste for processed glass that is used to make new CRT glass. In
today's notice, EPA creates an exclusion from the definition of solid
waste for Region III states which will simplify management requirements
for used CRTs. Although the requirements promulgated today differ in
some respects from those recommended by the CSI Council, we believe
that they will be just as effective in fostering the goals of the
Council. EPA has proposed a similar nationwide exclusion and expects to
use information gained from this regional pilot in assessing the
proposed nationwide rulemaking.
G. Requirements for Used CRTs Undergoing Recycling
1. What Will Not Be Affected By Today's Rule?
All materials discussed above that are not currently regulated
under RCRA will remain unaffected by today's rule. Used CRTs from
households and CESQGs will retain their current regulatory exemptions.
Used CRTs from any source, along with electronic materials that are
sent for reuse as is or after minor repairs, are not wastes. Section
261.4(a)(24) will provide better notice of this interpretation of our
current regulations. Unused CRTs sent for recycling will still be
classified as commercial chemical products which are not solid wastes
even if they are reclaimed or speculatively accumulated. Finally, both
used and unused CRTs sent for disposal will also remain regulated as
before.
2. What Is Covered By Today's Rule and What Are the Management
Requirements?
Today's rule principally addresses used CRTs, and glass removed
from CRTs, destined for recycling in Region III states. The regulations
we are promulgating today do distinguish between intact CRTs, and CRTs
that are broken. An intact CRT is a CRT remaining within the monitor
whose vacuum has not been released. A broken CRT means glass removed
from the monitor after the vacuum has been released. EPA notes that
these definitions also cover non-consumer CRTs such as medical,
automotive, oscilloscope, and appliance CRTs.
a. Used, Intact CRTs Destined for Recycling Within Region III
Today's rule excludes intact CRTs located within Region III states
from the definition of solid waste unless they are disposed.
Consequently, these units would not be subject to RCRA Subtitle C
regulation, including the speculative accumulation limits of 40 CFR
Sec. 261.2(c)(4).
As noted above, unused CRTs are currently considered commercial
chemical products which are excluded from the definition of solid waste
when recycled, even if they are reclaimed or speculatively accumulated.
Intact CRTs are highly unlikely to release lead to the environment
because the lead is contained in the plastic housing and the glass
matrix. We believe that it would be very difficult to distinguish
between used and unused intact CRTs destined for recycling. Moreover,
there appears to be no environmental basis for such a distinction.
Therefore, EPA is including all intact CRTs in this pilot-specific rule
unless they are disposed, whether used or unused.
b. Used, Broken CRTs Destined for Recycling Within Region III
Some users and collectors of CRTs separate the CRT from the monitor
and release the vacuum, after which they send the resulting broken
glass to a recycler (often a glass processor). This practice saves
shipping costs and enables the glass processor to pay more for the
broken CRTs received. At other times, the CRTs remain intact until
broken by the processor or another recycler. In any event, CRTs whose
glass has been broken are non-reusable and non-repairable; and
therefore, prior to this rule were solid wastes at the time such
breakage occurs.
EPA is today amending 40 CFR part 261 to add a new section 261.40,
which will provide that used, broken CRTs
[[Page 78726]]
located within Region III states are excluded from the definition of
solid waste if they meet specified conditions. Under today's rule,
used, broken CRTs sent for recycling would not be solid wastes if they
are transported in an appropriate container, and stored in an
appropriate container in an enclosed building. An appropriate container
(i.e., a package or a vehicle) is one that is constructed, filled, and
closed to minimize identifiable releases of CRT glass (including fine
solid materials) to the environment. Each container in which the used,
broken CRT is contained must be labeled or marked clearly with one of
the following phrases: ``Waste cathode ray tube(s)--contains leaded
glass,'' or ``Used cathode ray tube(s)--contains leaded glass.'' It
must also be labeled or marked: ``Do not mix with other glass
materials.'' An enclosed building must include a roof, floor, and
walls. Finally, used, broken CRTs destined for recycling in Region III
states also would not be allowed to be speculatively accumulated as
defined in 40 CFR 261.1.
The Agency believes that if these materials are properly
containerized and labeled when stored or shipped prior to recycling,
they resemble articles in commerce or commodities more than wastes.
Breakage is a first step toward recycling the leaded glass components
of the CRT. Also, materials held in conditions that safeguard against
loss are more likely to be regarded as valuable commodities destined
for legitimate recycling. In addition, the packaging requirements will
ensure that the possibility of releases to the environment from the
broken CRTs is very low. For these reasons, an exclusion from the
definition of solid waste is appropriate if the broken CRTs are handled
under the rule being promulgated today.
c. Used, Broken CRTs Undergoing Glass Processing Within EPA Region III
The Agency also promulgates today an exclusion from the definition
of solid waste for used CRTs undergoing glass processing within EPA
Region III, as long as the processing meets certain conditions. CRT
glass processing is defined in 40 CFR 260.10 as receiving intact or
broken used CRTs, intentionally breaking them, sorting or otherwise
managing glass removed from CRT monitors, and cleaning coatings from
the glass. As noted above, CRT users and collectors sometimes break
CRTs before sending them to a processor. Therefore, breaking used CRTs
would not by itself subject a facility to the CRT glass processing
conditions. In order to be classified as a used CRT glass processor,
the facility must perform all of the activities listed above.
The provisions of today's rule, set forth in 40 CFR 261.40, state
that used, broken CRTs undergoing glass processing would not be
considered solid wastes if they are stored in an enclosed building with
a roof, floor, and walls. In addition, all glass processing activities
must take place within an enclosed building with a roof, floor, and
walls, and no activities may be performed that use temperatures high
enough to volatilize lead from used, broken CRTs. The exclusion set
forth today does not allow used, broken CRTs to be speculatively
accumulated, as defined in 40 CFR 261.1.
EPA believes that the packaging and storage conditions being
promulgated today will help ensure that the materials in question are
more commodity-like than waste-like. Used, broken CRTs that are not
stored or packaged in accordance with these requirements tend not to be
valuable, product-like materials. The opportunity for loss or releases
of the materials indicates that they are wastes. As specifically
recommended by the CSI Council, we are also providing that processors
will be required to conduct their activities without using temperatures
high enough to volatilize lead from broken CRTs. Besides increasing the
risk of releases to the environment, such practices suggest waste
treatment rather than production.
d. Processed Glass From Used CRTs Sent for Recycling to Glass
Manufacturers and Lead Smelters Within Region III
In today's rule, EPA is excluding processed glass (from used CRTs)
from the definition of solid waste if it is sent for recycling to a CRT
glass manufacturer or to a lead smelter within Region III, as long as
the processed glass is neither speculatively accumulated, nor used in a
manner constituting disposal. 40 CFR 261.40(d).
EPA believes that processed glass from used CRTs destined for CRT
glass manufacturing or to a lead smelting operation, located in Region
III states, meets the regulatory criteria in 40 CFR 260.31(c) for a
variance from the definition of solid waste. This variance applies to
materials that have been reclaimed but must be reclaimed further before
recovery is completed, if, after initial reclamation, the resulting
material is commodity-like. The following paragraphs discuss the
characteristics of processed CRT glass and how they meet the criteria.
i. The degree of processing a material has undergone and the degree of
further processing that is required (40 CFR 260.31(c)(1))
Processed CRT glass needs minimal further processing by CRT glass
manufacturers or lead smelters. CRT glass cullet is shipped to these
facilities already cleaned and sorted. CRT manufacturers and smelters
perform processing steps consisting only of magnetic separation of
anode buttons and studs and, if necessary, further crushing of the
glass. Following these steps, the partially reclaimed CRT glass enters
the furnace or smelter, similar to other feedstocks used in glass
manufacturing and smelting.
ii. The economic value of the material that has been initially
reclaimed (40 CFR 260.31(c)(2))
The initial processing of CRT glass satisfies this criterion. CRT
glass is usually purchased by CRT glass manufacturers from processors
for at least $170 per ton (approximately three-fourths of the price of
virgin glass). In contrast, lead smelters are usually paid at least
$150 per ton by processors for CRT glass used as fluxing material and
lead feedstock. However, lead smelters only pay an average of about six
dollars per ton for industrial sand used as a fluxing material. Broken
glass from CRTs resembles industrial sand in composition and can
therefore serve as a substitute for this sand in the fluxing process.
The sand, however, is not expensive.
CRT glass manufacturers and lead smelters currently obtain
processed CRT glass from processors and are working with the processors
to increase the supply and quality of processed CRT glass, which may
further increase its value. The value of processed CRT glass depends on
whether manufacturers' specifications are met, and some glass
chemistries require exacting specifications that make the processed
glass more valuable if it meets those specifications. CRT glass
manufacturers have stricter quality standards than lead smelters about
the type of material that they can accept (e.g., cleaned, sized, free
of coating and debris).
Further evidence of the economic value of reclaimed CRT glass is
demonstrated by the cost savings realized by CRT glass manufacturers
and lead smelters when using processed CRT glass. The use of processed
CRT glass cullet benefits the manufacturer in several ways, such as
improving heat transfer and melting characteristics in the furnaces,
lowering energy consumption, and maintaining or
[[Page 78727]]
improving the quality of the final product.
iii. The degree to which the reclaimed material is like an analogous
raw material (40 CFR 260.31(c)(3))
Under this criterion, the partially reclaimed material must be
similar to an analogous raw material or feedstock for which the
material may be substituted in a production or reclamation process.
Processed CRT glass is similar to off-specification glass and cullet
that manufacturers currently use as feedstock. Glass-making furnaces
require between approximately 30 and 70 percent cullet. With respect to
lead smelters, processed CRT glass is similar to industrial sand that
would otherwise be used as feedstock or flux in the smelter.
iv. An end market for the partially reclaimed material is guaranteed
(40 CFR 260.31(c)(4))
The Agency believes that there is a strong end market for processed
CRT glass. CRT glass manufacturers and lead smelters have developed
relationships with CRT glass processors to increase the amount and
quality of reclaimed CRT glass cullet available for glass-to-glass
recycling and lead reclamation. In addition, CRT glass manufacturers
have developed programs in which off-specification CRTs may be
delivered directly to CRT processors for initial processing. The
processed CRT glass is delivered to CRT glass manufacturers for use as
feedstock in glass-to-glass manufacturing, or to lead smelters for
recycling.
v. The extent to which the partially reclaimed material is handled to
minimize loss (40 CFR 260.31(c)(5))
The Agency believes that current CRT glass industry practices are
effective in minimizing losses and preventing releases. Processed CRT
glass generally is stored indoors on a cement or asphalt pad. In most
cases, the material is shipped in large capacity trucks that are
covered with a tarp to minimize loss during transport. When the CRT
glass manufacturers or lead smelters receive shipments, the glass is
unloaded into a temporary holding area, inspected, and either loaded
onto a conveyor belt for further processing or stored under cover.
Following these steps, the reclaimed CRT glass enters the furnace
feedstock stream or the smelter.
e. Processed Glass From Used CRTs Sent For Other Types of Recycling
Within EPA Region III
Under today's rule, processed glass from used CRTs sent for
recycling at a facility other than a glass manufacturer or a lead
smelter will be excluded from the definition of solid waste only if
additional conditions are met. The processed glass will have to be
packaged and labeled in accordance with the requirements of 40 CFR
261.40(a). Also, speculative accumulation limits will apply.
As stated previously, processed glass is sometimes sent to copper
smelters for recycling. It also may be sent for recycling into objects
such as radiation shielding, acoustical barriers, optical glass beads,
or decorative glass and tile products. The Agency believes that
processed glass sent for such uses resembles a commodity more than a
waste if it is packaged and labeled under these conditions. In
addition, such packaging ensures that the possibility of releases to
the environment is minimal.
f. Processed Glass From Used CRTs Used in a Manner Constituting
Disposal Within EPA Region III
If processed glass is sent for any kind of recycling that involves
land placement, it would be subject to the requirements of 40 CFR part
266, Subpart C, for recyclable materials used in a manner constituting
disposal. The Agency is currently unaware of processed glass being
recycled in this manner.
V. State Authority
A. Applicability of Rules in Authorized EPA Region III's States
Under section 3006 of RCRA, EPA may authorize qualified states to
administer and enforce the RCRA hazardous waste program within the
state. Following authorization, EPA retains enforcement authority under
sections 3008, 3013, and 7003 of RCRA, although authorized states have
primary enforcement responsibility. The standards and requirements for
state authorization are found at 40 CFR Part 271. Each of Region III's
states is authorized to implement the RCRA program.
Prior to enactment of the Hazardous and Solid Waste Amendments of
1984 (HSWA), a State with final RCRA authorization administered its
hazardous waste program entirely in lieu of EPA administering the
federal program in that state. The federal requirements no longer
applied in the authorized state, and EPA could not issue permits for
any facilities in that state, since only the state was authorized to
issue RCRA permits. When new, more stringent federal requirements were
promulgated, the state was obligated to enact equivalent authorities
within specified time frames. However, the new federal requirements did
not take effect in an authorized state until the state adopted the
federal requirements as state law.
In contrast, under RCRA section 3006(g) (42 U.S.C. 6926(g)), which
was added by HSWA, new requirements and prohibitions imposed under HSWA
authority take effect in authorized states at the same time that they
take effect in unauthorized states. EPA is directed by the statute to
implement these requirements and prohibitions in authorized states,
including the issuance of permits, until the state is granted
authorization to do so. While states must still adopt HSWA related
provisions as state law to retain final authorization, EPA implements
the HSWA provisions in authorized states until the states do so.
Authorized states are required to modify their programs only when
EPA enacts federal requirements that are more stringent or broader in
scope than existing federal requirements. RCRA section 3009 allows the
states to impose standards more stringent than those in the federal
program (see also 40 CFR 271.1). Therefore, authorized states may, but
are not required to, adopt federal regulations, both HSWA and non-HSWA,
that are considered less stringent than previous federal regulations.
B. Effect on State Authorization
Today's rule is less stringent than the current federal program.
Because states generally are not required to adopt less stringent
regulations, the Region III states do not have to adopt these
regulations for CRTs. However, because EPA is promulgating this rule to
implement the October, 2001 MOU signed by the Region III states and
EPA, EPA expects that the Region III states will take all necessary
actions to implement this rule. Some Region III states may already be
in the process of revising their regulations for these materials.
C. Interstate Transport
Because this rule applies within Region III states only, and some
of these states may choose to implement slightly different, more
stringent versions of today's rule, there may be cases when used CRTs
or processed CRT glass will be transported through Region III or non-
Region III states, with different regulations governing these wastes.
First, a waste originating in a Region III state which is
implementing today's conditional exclusion from the definition of solid
waste may be sent to
[[Page 78728]]
or through any other state outside of Region III, where it is subject
to the full hazardous waste regulations. In this scenario, for the
portion of the trip through the originating state, and any other state
where the waste is excluded, neither a hazardous waste transporter with
an EPA identification number per 40 CFR 263.11 nor a manifest would be
required. However, for the portion of the trip through the receiving
state, and any other states that do not consider the waste to be
excluded, the transporter must have a manifest, and must move the waste
in compliance with 40 CFR part 263. In order for the final transporter
and the receiving facility to fulfill the requirements concerning the
manifest (40 CFR 263.20, 263.21, 263.22; 264.71, 264.72, 264.76 or
265.71, 265.72, and 265.76), the initiating facility should complete a
manifest and forward it to the first transporter to travel in a state
where the waste is not excluded. The receiving facility must then sign
the manifest and send a copy to the initiating facility. EPA recommends
that the initiating facility note in block 15 of the manifest (Special
Handling Instructions and Additional Information) that the wastes are
covered by an exclusion in the initiating state but not in the
receiving facility's state.
Second, a hazardous waste generated in a state which does not
provide an exclusion for the waste may be sent to a Region III state
where it is conditionally excluded. In this scenario, the waste must be
moved by a hazardous waste transporter while the waste is in the
generator's state or any other states where it is not excluded. The
initiating facility must complete a manifest and give copies to the
transporter as required under 40 CFR 262.23(a). Transportation within
the receiving state and any other states that exclude the waste need
not require a manifest and need not be transported by a hazardous waste
transporter. However, it is the initiating facility's responsibility to
ensure that the manifest is forwarded to the receiving facility by any
non-hazardous waste transporter and sent back to the initiating
facility by the receiving facility (see 40 CFR 262.23 and 262.42). EPA
recommends that the generator note in block 15 of the manifest (Special
Handling Instructions and Additional Information) that the waste is
excluded in the receiving facility's state but not in the generator's
state.
Third, a waste may be transported across a state in which it is
subject to the full hazardous waste regulations although other portions
of the trip may be from, through, and to states in which it is
excluded. Transport through the state must be conducted by a hazardous
waste transporter and must be accompanied by a manifest. In order for
the transporter to fulfill its requirements concerning the manifest
(Subpart B of part 263), the initiating facility must complete a
manifest as required under the manifest procedures and forward it to
the first transporter to travel in a state where the waste is not
excluded. The transporter must deliver the manifest to, and obtain the
signature of, either the next transporter or the receiving facility.
VI. Regulatory Requirements
A. Executive Order 12866
Under Executive Order 12866 (58 FR 51735), the Agency must
determine whether this regulatory action is ``significant'' and
therefore subject to formal review by the Office of Management and
Budget (OMB) and to the requirements of the Executive Order, which
include assessing the costs and benefits anticipated as a result of
this regulatory action. The Order defines ``significant regulatory''
action as one that is likely to result in a rule that may: (1) Have an
annual effect on the economy of $100 million or more or adversely
affect in a material way the economy, a sector of the economy,
productivity, competition, jobs, the environment, public health or
safety, or state, local, or tribal governments or communities; (2)
create a serious inconsistency or otherwise interfere with an action
taken or planned by another agency; (3) materially alter the budgetary
impact of entitlements, grants, user fees, or loan programs or the
rights and obligations of recipients thereof; or (4) raise novel legal
or policy issues arising out of legal mandates, the President's
priorities, or the principles set forth in the Executive Order.
It has been determined that this rule is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is
therefore not subject to OMB review. Pursuant to the terms of Executive
Order 12866, the Agency determined that the proposed national rule is a
significant regulatory action. As such, the proposed national rule was
submitted to OMB for review. Changes made in response to OMB
suggestions or recommendations are documented in the national docket.
We note that as part of the national CRT rulemaking, EPA conducted
an economic analysis to estimate the cost savings, incremental costs,
economic impacts and benefits to affected regulated entities
nationally. A copy of the analysis (entitled, ``Economic Analysis of
Cathode Ray Tube Management, Notice of Proposed Rulemaking'') has been
placed in the RCRA docket for the national rule for public review. No
separate analysis has been conducted for this rule since it is
considered to be included in the national proposed rule.
B. Regulatory Flexibility Act (RFA), as Amended By the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et
seq.
Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996), whenever an Agency is required to publish a notice
for any proposed or final rule, it must prepare and make available for
public comment a regulatory flexibility analysis that describes the
effect of the rule on small entities (i.e., small businesses, small
organizations, and small governmental jurisdictions). However, no
regulatory flexibility analysis is required if the head of an agency
certifies the rule will not have a significant economic impact on a
substantial number of small entities. SBREFA amended the Regulatory
Flexibility Act to require Federal agencies to provide a statement of
the factual basis for certifying that a rule will not have a
significant economic impact on a substantial number of small entities.
The following discussion explains EPA's determination.
The small entity analysis conducted for the proposed national rule
indicates that streamlining requirements for CRTs is expected to result
in savings to affected entities compared to baseline requirements.
Under the full compliance scenario, the rule is not expected to result
in a net cost to any affected entity. Thus, adverse impacts are not
anticipated. Costs could increase for entities that are not complying
with current regulatory requirements, but even these costs, which are
not properly attributable to the current requirements, would not be
expected to result in significant impacts on a substantial number of
small entities. Based on the foregoing discussion, I hereby certify
that this rule will not have a significant adverse economic impact on a
substantial number of small entities. Consequently, the Agency has
determined that preparation of a formal Regulatory Flexibility Analysis
is unnecessary.
C. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement
[[Page 78729]]
Fairness Act of 1996, generally provides that before a rule may take
effect, the agency promulgating the rule must submit a rule report,
including a copy of the rule, to each House of the Congress and to the
Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of the rule in the Federal Register.
A major rule cannot take effect until 60 days after it is published in
the Federal Register. This action is not a ``major rule'' as defined by
5 U.S.C. 844(2). It will take effect on [insert date--60 days after
publication] unless it is otherwise withdrawn.
D. Paperwork Reduction Act
The information collection requirements in this rule have been
submitted for approval to the Office of Management and Budget (OMB)
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An
Information Collection Request (ICR) document has been prepared (ICR
No. 1189.10) and a copy may be obtained by mail from Susan Auby at
Collection Strategies Division, U.S. Environmental Protection Agency
(Mail Code 2822T), 1200 Pennsylvania Avenue NW., Washington, DC 20460,
by email at auby.susan@epa.gov, or by calling (202) 566-1672. A copy
may also be downloaded off the internet at http://www.epa.gov/icr. The
information collection requirements are not effective until OMB
approves them.
The information requirements established for this action, and
identified in the Information Collection Request (ICR) supporting
today's rule, are largely self-implementing. This process will ensure
that: (i) Regulated entities managing CRTs are held accountable to the
applicable requirements; and (ii) state inspectors can verify
compliance when needed.
EPA will use the collected information to ensure that CRTs are
being managed in a protective manner. These data aid the Agency in
tracking waste shipments and identifying improper management practices.
In addition, information kept in facility records helps handlers,
processors, and destination sites to ensure that they and other
facilities are managing these wastes properly. Section 3007(b) of RCRA
and 40 CFR part 2, subpart B, which define EPA's general policy on the
public disclosure of information, contain provisions for
confidentiality. However, no questions of a sensitive nature are
included in any of the information collection requirements associated
with today's action.
EPA has carefully considered the burden imposed upon the regulated
community by the regulations. EPA is confident that those activities
required of respondents are necessary and, to the extent possible, has
attempted to minimize the burden imposed. EPA believes strongly that if
the minimum requirements specified under the regulations are not met,
neither the facilities nor EPA can ensure that used CRTs are being
managed in a manner protective of human health and the environment.
For the requirements applicable to CRTs being proposed nationally,
the aggregate annual burden to respondents over the three-year period
covered by this ICR is estimated at 10,426 hours, with a cost of
approximately $687,000. Average annual burden hours per respondent are
estimated to be 7 hours; there are an estimated 2,400 respondents. This
represents a reduction in burden to respondents of approximately 18,616
hours. There are no capital or start-up costs, operation or maintenance
costs, and no costs for purchases of services. Nor is there any burden
to the Agency. The regional burden will therefore be reduced
proportionally.
An Agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.
E. Unfunded Mandates
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for federal agencies to assess the
effects of their regulatory actions on state, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``federal mandates'' that
may result in expenditures by state, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year.
Before promulgating a rule for which a written statement is needed,
section 205 of the UMRA generally requires EPA to identify and consider
a reasonable number of regulatory alternatives and adopt the least
costly, most cost-effective or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted.
Before EPA establishes any regulatory requirements that may
significantly or uniquely affect small governments, including tribal
governments, it must have developed under section 203 of the UMRA a
small government agency plan. The plan must provide for notifying
potentially affected small governments, enable officials of affected
small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
The Agency's analysis of compliance with the Unfunded Mandates
Reform Act (UMRA) of 1995 found that today's rule imposes no
enforceable duty on any state, local or tribal government or the
private sector. This rule contains no federal mandates (under the
regulatory provisions of title II of the UMRA) for state, local, or
tribal governments or the private sector. In addition, EPA has
determined that this rule contains no regulatory requirements that
might significantly or uniquely affect small governments. The Act
generally excludes from the definition of ``federal intergovernmental
mandate'' (in sections 202, 203, and 205) duties that arise from
participation in a voluntary federal program. Today's rule is
voluntary. The UMRA also excludes from the definition of ``federal
private sector mandate'' duties that arise from participation in a
voluntary federal program. Therefore, we have determined that today's
rule is not subject to the requirements of sections 202 and 205 of
UMRA.
F. Executive Order 13132
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
meaningful and timely input by state and local officials in the
development of regulatory policies that have federalism implications.
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the states, on the relationship between the national
government and the states, or on the distribution of power and
responsibilities among the various levels of government.'' This rule
[[Page 78730]]
does not have federalism implications. It will not have substantial
direct effects on the states, on the relationship between the national
government and the states, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132.
G. Executive Order 13175
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the federal government and the Indian tribes,
or on the distribution of power and responsibilities between the
federal government and Indian tribes. This rule does not have tribal
implications. It will not have substantial direct effects on tribal
governments, on the relationship between the federal government and
Indian tribes, or on the distribution of power and responsibilities
between the federal government and Indian tribes, as specified in
Executive Order 13175.
H. Executive Order 13045
``Protection of Children From Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997) applies to any rule that EPA
determines (1) ``economically significant'' as defined under Executive
Order 12866, and (2) concerns an environmental health or safety risk
that EPA has reason to believe may have a disproportionate effect on
children. If the regulatory action meets both criteria, the Agency must
evaluate the environmental health or safety effects of the planned rule
on children and explain why the planned regulation is preferable to
other potential effective and reasonably feasible alternatives
considered by the Agency. This rule is not subject to Executive Order
13045 because it is not an economically significant rule as defined by
Executive Order 12866.
I. Executive Order 13211
This rule is not a ``significant energy action'' as defined in
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) because it is not likely to have a significant
adverse effect on the supply, distribution, or use of energy. Today's
rule revises hazardous waste management requirements for used cathode
ray tubes. By encouraging reuse and recycling, the rule may save energy
costs associated with manufacturing new materials. It will not cause
reductions in supply or production of oil, fuel, coal, or electricity.
Nor will it result in increased energy prices, increased cost of energy
distribution, or an increased dependence on foreign supplies of energy.
J. National Technology Transfer and Advancement Act of 1995
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA,'' Public Law 104-113, section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, though OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards. This
rule does not establish technical standards. Therefore, EPA did not
consider the use of any voluntary consensus standards.
K. Environmental Justice
Executive Order 12898, ``Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations' (February
11, 1994) is designed to address the environmental and human health
conditions of minority and low-income populations. EPA is committed to
addressing environmental justice concerns and has assumed a leadership
role in environmental justice initiatives to enhance environmental
quality for all citizens of the United States. The Agency's goals are
to ensure that no segment of the population, regardless of race, color,
national origin, income, or net worth bears disproportionately high and
adverse human health and environmental impacts as a result of EPA's
policies, programs, and activities. In response to Executive Order
12898, EPA's Office of Solid Waste and Emergency Response (OSWER)
formed an Environmental Justice Task Force to analyze the array of
environmental justice issues specific to waste programs and to develop
an overall strategy to identify and address these issues (OSWER
Directive No. 9200.3-17). To address this goal, EPA conducted a
qualitative analysis of the environmental justice issues under the
national proposed rule. Potential environmental justice impacts are
identified consistent with the EPA's Environmental Justice Strategy and
the OSWER Environmental Justice Action Agenda.
Today's rule will revise management requirements for used cathode
ray tubes sent for recycling. Facilities that would be affected by
today's rule include any facility generating hazardous waste computers
and televisions sent for recycling. Also affected would be facilities
which recycle these materials. Disposal facilities themselves would not
be affected by today's rule.
The wide distribution of affected facilities throughout the United
States does not suggest any distributional pattern around communities
of concern. Any building in any area could be affected by today's rule.
Specific impacts on low income or minority communities, therefore, are
undetermined. The Agency believes that emissions during transportation
would not be a major contributor to communities of concern through
which used CRTs may be transported. Any such material broken during
transport would be contained in the required packaging. Overall, no
disproportional impacts to minority or low income communities are
expected.
List of Subject in 40 CFR Part 261
Environmental protection, Hazardous waste, Recycling, Reporting and
record keeping requirements, Waste treatment and disposal.
Dated: December 19, 2002.
Christine T. Whitman, Administrator,
United States Environmental Protection Agency.
For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations, parts 261 is amended as follows:
PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
1. The authority citation for Part 261 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, 6924(y), and
6938.
Subpart A--General
2. Section 261.4 is amended by adding and reserving paragraph
(a)(23) and adding paragraph (a)(24) to read as follows:
Sec. 261.4 Exclusions.
(a) * * *
[[Page 78731]]
(23) [Reserved]
(24) Used cathode ray tubes (CRTs) (as defined in Sec. 261.40(f))
to be recycled in the District of Columbia; the States of Delaware,
Maryland, and West Virginia; and the Commonwealths of Pennsylvania and
Virginia,
(i) Used, intact CRTs as defined in Sec. 261.40(f) to be recycled
in the District of Columbia; the States of Delaware, Maryland, and West
Virginia; and the Commonwealths of Pennsylvania and Virginia are not
solid wastes unless disposed.
(ii) Used, broken CRTs as defined in Sec. 261.40(f) to be recycled
in the District of Columbia; the States of Delaware, Maryland, and West
Virginia; and the Commonwealths of Pennsylvania and Virginia are not
solid wastes provided that they meet the requirements of Sec. 261.40
and that the CRTs are not accumulated speculatively as defined in Sec.
261.1(c).
* * * * *
3. Part 261 is amended by adding Subpart E consisting of Sec. Sec.
261.39 and 261.40, to read as follows:
Subpart E--Exclusions/Exemptions
Sec.
261.39 [Reserved]
261.40 Conditional Exclusion for Used, Broken Cathode Ray Tubes
(CRTs) To Be Recycled in the District of Columbia; the States of
Delaware, Maryland, and West Virginia; and the Commonwealths of
Pennsylvania and Virginia.
Subpart E--Exclusions/Exemptions
Sec. 261.39 [Reserved]
Sec. 261.40 Conditional Exclusion for Used, Broken Cathode Ray Tubes
(CRTs) To Be Recycled in the District of Columbia; the States of
Delaware, Maryland, and West Virginia; and the Commonwealths of
Pennsylvania and Virginia.
Used, broken CRTs to be recycled within the Region III States are
not solid wastes if they meet the following conditions:
(a) Prior to processing: These materials are not solid wastes if
they are destined for recycling within a Region III state and if they
meet the following requirements:
(1) Storage. The broken CRTs must be:
(i) Placed in a container (i.e., a package or a vehicle) that is
constructed, filled, and closed to minimize identifiable releases to
the environment of CRT glass (including fine solid materials), and
(ii) Stored in an enclosed building with a roof, floor, and walls
(2) Labeling. Each container in which the used, broken CRT is
contained must be labeled or marked clearly with one of the following
phrases: ``Waste cathode ray tube(s)--contains leaded glass,'' or
``Used cathode ray tube(s)--contains leaded glass.'' It must also be
labeled: ``Do not mix with other glass materials.''
(3) Transportation. These CRTs must be transported in a container
meeting the requirements of paragraphs (a)(1)(i) and (2) of this
section.
(4) Speculative accumulation. These CRTs are subject to the
limitations on speculative accumulation as defined in Sec. 261.1.
(b) Requirements for used CRT processing. Used, broken CRTs
undergoing CRT processing as defined in paragraph (f) of this section
are not solid wastes if they meet the following requirements:
(1) Storage. Used, broken CRTs undergoing processing are subject to
the requirements of paragraphs (a)(1), (2), and (4) of this section.
(2) Processing. (i) All CRTs must be processed within an enclosed
building with a roof, floor, and walls; and (ii) No activities may be
performed that use temperatures high enough to volatilize lead from
CRTs.
(c) Processed CRT glass sent to CRT glass making or lead smelting.
Glass removed from used CRTs that is destined for recycling at a CRT
glass manufacturing facility or a lead smelter after processing is not
a solid waste unless it is speculatively accumulated as defined in
Sec. 261.1.
(d) Processed CRT glass sent to other types of recycling, except
for use constituting disposal. Glass removed from used CRTs that is
destined for other types of recycling after processing (except use
constituting disposal) is not a solid waste if it meets the
requirements of paragraphs (a)(1) through (4) of this section.
(e) Use constituting disposal. Processed glass removed from CRT
monitors that is used in a manner constituting disposal must comply
with the requirements of paragraphs (a)(1) through (4) of this section
and the applicable requirements of 40 CFR Part 266, Subpart C.
(f) Definitions. For purposes of this section, the following
definitions apply:
Cathode ray tube or CRT means a vacuum tube, composed primarily of
glass, which is the video display component of a television or computer
monitor. An intact CRT means a CRT remaining within the monitor whose
vacuum has not been released. A broken CRT means glass removed from the
monitor after the vacuum has been released.
CRT glass manufacturing facility means a facility or part of a
facility located within the Region III States that uses a furnace to
manufacture CRT glass.
CRT processing means the conducting of all of the following
activities at a facility within the EPA Region III's States:
(i) receiving broken or intact CRTs;
(ii) intentionally breaking intact CRTs or further breaking or
separating broken CRTs;
(iii) sorting or otherwise managing glass removed from CRT
monitors; and
(iv) cleaning coatings off the glass removed from CRTs.
EPA Region III's States means the District of Columbia; the States
of Delaware, Maryland, and West Virginia; and the Commonwealths of
Pennsylvania and Virginia.
[FR Doc. 02-32547 Filed 12-24-02; 8:45 am]
BILLING CODE 6560-50-P