Electronic and

Universal Waste Regulations

Derek Boer

Colorado Department of Public Health and Environment

Hazardous Materials and Waste Management Division

303-692-3329

derek.boer@state.co.us

Regulatory Scope

E-waste is regulated as both a solid waste and a hazardous waste

Exemptions for generators when e-waste is recycled and managed

appropriately

Solid waste:

• Non-hazardous

• Household hazardous

• Recycling and beneficial use

Hazardous waste:

• Hazardous

• Commercial/government & co-mingled w/ household

• Under Universal Waste regulations, or

under full Hazardous Waste regulations

• Typically recycler makes the waste determination

Under Solid Waste – recyclable material

• Section 8.2 – as recyclable material generators

• Exempt from registration and reporting requirements if material is

sent to a registered recycling facility in Colorado

• Register and annual report if material goes out-of-state

• Recyclable material collected and managed at a rate to prevent an

overflow from containers

Solid Waste

• Minimize the potential for release of ground water contaminants,

dust, odors, or nuisance conditions

• Compliance with health laws and regulations, Water and Air quality

control, and local laws

• Facilities must be fenced or secured

• Closure requirements

Universal vs Hazardous Waste

• Universal waste is hazardous waste

• Universal waste is less stringent set of regulations

• Q: Is all electronic waste considered universal waste?

A: No, if it’s not hazardous – then it’s a it’s solid waste.

Solid waste

Hazardous Waste

Universal

Waste

As a Hazardous Waste…

What is e-waste?Desktop towers Printers

CRT monitors Terminals

Laptops Mainframes

Computer peripherals Keyboards/mice

Cell phones Televisions

What is Hazardous E-Waste?

• Electronic equipment or components that contain circuit

boards or other complex circuitry

• Fails “TCLP” analytical test = a hazardous waste

(Toxicity Characteristic Leaching Procedure)

• TCLP test simulates conditions in MSW landfill, and tests for

8 metals

• For electronics - lead, mercury, cadmium, and chromium

are the drivers

Generator knowledge to make the call

• You can use generator knowledge of a waste, you don’t have to run

TCLP on every device

• Generators and handlers often make assumption that electronics are

hazardous

• Cheaper, easier, more efficient

• Doesn’t change where the material goes

• Doesn’t add a great regulatory burden

Role of Recycler in Determination

• Device must first be a waste to be regulated

as a universal waste

• Electronics that will be refurbished,

resold, or reused are still a product

• Usually the recycler makes the call

Sham Product Argument

• Stored in lieu of disposal

• Is it being managed as a product? That has value?

Universal Waste Handlers

Any facility that generates or manages universal wastes is

called a “handler”

Small quantity handler

<5,000 kg universal wastes onsite at one time

Large quantity handler

≥5,000 kg universal waste onsite at one time

Requirements for Handlers

Same for both handler classifications except LQHs must also:

• Notify and obtain EPA ID #

• Keep records of universal waste shipped to/from facility

Requirements for Handlers

• No onsite disposal

• No disposal to trash

• No treatment/processing except as provided in the universal

waste rules

Universal waste remains subject to full hazardous waste

regulations

Requirements for Handlers

These requirements also apply to 5 other universal wastes*:

1. Batteries (NiCad, lithium, silver-oxide, mercury-oxide)

2. Lamps (fluorescent, CFLs, HID – contain mercury/reactive)

3. Aerosol cans (that contain hazardous contents)

4. Mercury-containing devices (switches, barometers)

5. Some pesticides (recalled or collected through program)

* there are minor differences in the requirements

Requirements for All Handlers

• Manage material in a way that prevents release to the environment

• Accumulation time - one year

• Immediately contain all releases and residues from universal wastes.

Containers

• Must contain devices, or components in containers

• Structurally sound, adequate to prevent breakage, and compatible

• No leakage or spillage

• Immediately clean up broken components, containerize

• Do not have to be closed (only e-waste)

Apply to All Handlers

• Labels

“Used - material type,”

“Waste - material type,” or

“Universal Waste - material type”

• Label individual wastes or accumulation container

Apply to all Handlers

• Limited treatment allowed

• Disassembly of electronic devices

• Shredding hard drives

• For other UW – puncturing aerosols and crushing lamps

Treatment Requirements

• Develop a written procedure, train staff to follow it

• Operation and maintenance

• Precautions to protect workers

• Waste management and disposal

• Transfer waste to a proper container

• Prevent releases, maintain appropriate spill kit and know how/when

to use

Training

• All employees are thoroughly familiar with proper waste handling

and emergency procedures, relative to their responsibilities during

normal facility operations and emergencies.

• Suggest documentation

Apply to All Handlers

• Must ship to another universal waste handler or to destination

facility

• Destination facility = treatment, disposal or recycling facility

Subject to hazardous waste permitting requirements, and SW

recycling regulations

• Receiving handler must agree to receive shipment prior to

shipping

Universal Waste Transporters

Requirements apply to anyone who transports regulated universal

waste

• No onsite disposal

• No disposal to trash

• Comply with DOT requirements (49 CFR 171-180)

• No treatment or diluting

• 10-day transfer

• Contain/clean-up releases

Department of Transportation

• Universal wastes are usually not DOT hazardous materials

• Hazardous material shipper requirements:

• Identify shipping name, class/division, ID number, hazard

warning label

• Packaging requirements

• Employee Training

• Shipping Papers

• Emergency Response Information

• Certification

• Placarding

• Security Plan

• Incident Plan

Universal Waste Exports

• If ship to non-OECD countries

• Notification of intent to export to EPA

• Annual report to EPA

• Recordkeeping – copies of each Notification of intent,

EPA Acknowledgment of Consent, each confirmation of

delivery, and each annual report for 3 years

• Export only upon consent of receiving country and in

conformance with EPA Acknowledgment of Consent

• Provide EPA Acknowledgment of Consent to transporter

Large Quantity Handlers

• Notify Department and obtain an EPA ID #

• No fee with notifying

• One time

Large Quantity Handlers

Tracking

• Keep record of each shipment of UW received/sent

Log, invoice, manifest, bill of lading, or other shipping document

Name, address, quantity of each waste, date

• Keep records for three years from shipment date

Benefits Over HW Regulations

• Less stringent requirements

• Not required to count UW toward monthly HW generator total

• Not required to use hazardous waste manifest

• Not required to use hazardous waste transporter

Industry and certifications

• e-Stewarts Certification – started by Basel Action Network (BAN)

• R2 Solutions – sponsored by the EPA