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TRANSCRIPT
Diverting Products from Landfills:
California’s Evolving Universal Waste Rules
Title 22, California Code of Regulations, chapter 23
André Algazi, Chief Consumer Products Section Department of Toxic Substances Control (DTSC) EHSICC – Santa Rosa – September 12, 2012
What we’re going to cover...
n What is universal waste? nWhen and how EPA and DTSC regulations
have diverged n California’s universal waste categories n Overview of California’s rules n EPR and other strategies to divert UW from
landfills n Cell Phone Recycling Act
What is Universal Waste?
Universal Wastes are Hazardous Wastes...
Universal Wastes are Hazardous Wastes that...
n Are widely generated by all sectors of society—
industry, small businesses, offices, consumers, ... n Pose relatively lower risks to human health and
the environment than industrial hazardous waste (they’re still hazardous wastes)
n Can be safely managed under reduced, performance-based management requirements in lieu of the prescriptive rules for most HW
Where Universal Waste Fits in...
E-Waste
Household Hazardous
Waste
Universal Waste
Hazardous Waste
(Solid) Waste
Universal Waste Milestones
n 1995: Final EPA universal waste rule for batteries, pesticides, and thermostats
n 1999: EPA adds lamps to its UWR n 2000: DTSC adopts UWR as emergency
regulations for batteries, lamps and thermostats (not pesticides)
n 2002: DTSC adopts its final UWR n 2003: DTSC adopts its final E-Waste Rule and
adds 10 mercury-containing UWs
Universal Waste Timeline
n 2005: EPA adds “mercury-containing equipment” (including thermostats) to the federal UWR
n 2006: EPA Final CRT Rule—not UW n 2009: DTSC Consolidated UW/E-Waste
Regulations n Small Quantity Handler abolished n New category “mercury-containing equipment”
for consistency with EPA n 2012: DTSC proposes new recycling and
disposal options for CRTs and glass
Universal Waste Timeline
1993
EPA proposes
the universal
waste rule
EPA final rule for batteries, pesticides,
and thermostats
EPA adds “lamps” to UWR
2000
DTSC UWR
emergency regulations
DTSC adds CRTs, CRT
devices, and “consumer electronic devices”
EPA adds mercury-containing
equipment to UWR
2002
EPA rule conditionally
excludes CRTs and CRT glass
DTSC Final Consolidated
Universal Waste
Regulations
DTSC proposes changes
for universal waste CRTs
and CRT glass
2012
1995
1999 2002 2005
2009
DTSC final UWR
2003
DTSC final E-Waste and Hg Rules
So, what’s different between EPA’s UWR and California’s?
n Different categories: n California has electronic devices, CRTs,
CRT glass n California’s UW rules allow more extensive
treatment of e-waste by UW handlers than is allowed for other UWs
n USEPA has pesticides
So, what’s different between EPA’s UWR and California’s?
n California captures household, CESQG universal wastes n No exemption/exclusion
n California’s toxicity characteristic and mercury listings capture wastes that are non-hazardous under RCRA
n Some differences in requirements
California’s UWR no longer includes Large and Small Quantity Handlers
n RCRA Small Quantity Handler: n Same prohibitions and accumulation time
limits as for LQG (no treatment, no disposal) n >1 year if necessary to “... facilitate proper
recovery, treatment, or disposal”
n Less extensive employee training n No EPA identification number requirement n No requirement to track shipments
Batteries Fluorescent tubes (lamps) Electronic devices
Cathode ray tubes (CRTs) Mercury Devices Non-Empty Aerosol Cans
Mercury Containing Equipment
n Motor vehicle switches n Thermometers n Dilators and weighted tubing n Gas flow regulators
Manometers Barometers
Vehicle- switches
Thermostats
Not Universal Waste...
n Spent automotive-type lead-acid batteries Ü Hazardous waste
n Electronic devices, lamps, and mercury-containing equipment that are destined for disposal ÜHazardous waste
n Items destined for re-use or continued use without refurbishment or after refurbishment (e.g., some used cell phones) ÜNot waste ÜThis can get a bit tricky...
A Universal Waste Handler is any of These...
n The generator of a universal waste n The owner or operator of a facility that receives
universal waste from other handlers, accumulates it, and sends it ...
n The owner or operator of a facility who is authorized conduct “treatment” under article 7 of the UW regulations (i.e., removal of components, disassembly, processing)
Overview of Universal Waste Handler Requirements
n Very limited “treatment” and no disposal
n Notification (Identification Number) for handlers that accumulate ≥ 5,000 kg
n Mange UW in a manner that prevents breakage, releases to the environment
n Specific labeling/marking requirements
n Accumulate UW ≤ 1 year
Overview of Universal Waste Handler Requirements
n Provide personnel Training
n Immediately respond to releases
n Follow rules for offsite shipments
n Tracking: keep a record of all shipments sent and received ≥ 3 years
Extra Requirements for Handlers of Electronic Devices, CRTs, CRT Glass
n Notify DTSC at least 30 days prior to accepting from an offsite source
n Annual reporting required for a UW handler that: n Accepts in a calendar year more than 100
kilograms (220 pounds) of electronic devices, CRTs, and CRT glass, combined, from offsite sources
n Generates ≥5,000 kg (11,000 lbs.) of electronic devices, CRTs, and CRT glass, combined
E-Waste Handlers may Conduct Offsite Treatment Without a Permit
n Handlers of Electronic Devices, CRTs, and CRT Glass may: n Remove “discrete assemblies” n Dismantle devices Ü Requires additional notification and annual
report n Process devices, residuals, CRT, and glass Ü Notification, annual report Ü Requires a closure plan, cost estimate, and
financial mechanisms if the processing will produce a hazardous waste residual
n Limited disposition options
Transportation; Treatment, Storage, Disposal
n Universal waste transporters are: n Exempt from transporter registration, use of manifest
n Subject to DOT hazardous materials rules
n Required to immediately respond
n Destination Facilities: n Are fully regulated as hazardous waste facilities
n In California, must obtain a hazardous waste facility permit
The Universal Waste Regulations Make Possible...
n Retailer take-back programs: n Mandatory, like rechargeable batteries
and cell phones n Voluntary, like battery and CFL take-
back programs at Ikea, Ace Hardware, Orchard Supply, etc.
Approaches to Diverting Universal Waste from Landfills...
The Universal Waste Regulations Make Possible...
n EPR programs n Statewide, like the one mandated by
the Mercury Thermostat Collection Act n Regional, like San Luis Obispo’s EPR
ordinances for a variety of products n State administered programs, like the
Electronic Waste Recycling Act
Elements needed to achieve and measure success...
n Simple rules (e.g., universal waste) n Funding source (for UW with little/no
value) n Data/metrics n Performance requirements
Challenges to Diverting Universal Waste from Landfills
n Costs of collection, transportation, recycling/disposal: n Some universal wastes have little commodity
value n Measuring success n No “cradle-to-grave” tracking of universal
wastes via HW manifests n Little/no data on disposal rates n Sales data can sometimes be used as a
surrogate
A few words about extended producer responsibility (EPR)
n A “… policy approach in which producers accept significant responsibility (financial and/or physical) for the treatment or disposal of post-consumer products.”
n Premise: holding manufacturers financially responsible for end of life management provides an incentive to eliminate or reduce toxic substances
A few words about extended producer responsibility (EPR)
n EPR provides manufacturers with the flexibility to create a system that meets their needs
n Direct take back for reuse, remanufacturing, or recycling or contract with a third party organization (TPO) n The TPO could be a non-profit, a retailer, or
even local government
AB 2901: Cell Phone Recycling Act of 2004
n Retailers must “... have in place, and promote, a system for accepting and collecting used cellular phones for reuse, recycling or proper disposal.” Specifically, a retailer must: n Take back used cell phones at no cost
that a consumer obtained from the retailer
AB 2901: Cell Phone Recycling Act of 2004
n Retailers must… n Take back used cell phones obtained
anywhere when a consumer buys a new cell phone
n Provide a mechanism for the return of cell phones delivered directly to a consumer (e.g., by mail)
n Publicize the cellular phone recycling opportunities
AB 2901: Cell Phone Recycling Act of 2004
n DTSC required to post on the Web California’s estimated cell phone recycling rate
n Data limitations—the law does not require: n Retailers to report the number of cell
phones collected for recycling n Manufacturers to report cell phone
sales data
Cell Phone Collection Data
Status of used cell phones under DTSC’s rules
n Depends on whether they are a “waste” n If they exhibit a hazardous waste characteristic
(e.g., toxicity), they may be hazardous waste n As universal waste “electronic devices” they
can be accepted without a permit, transported without a manifest
n Limited treatment (e.g., dismantling, separating components, even crushing or shredding) without a permit
Thank You!
André Algazi Office of Pollution Prevention and Green Technology Department of Toxic Substances Control [email protected] (916) 324-3114