Notes
Outline
Electronics Liability, Legislation, and Regulation                 (Federal Perspective)
Lucy Stanfield, U.S. EPA Region 5
Indiana E-Scrap Meeting
September 9, 2003
Resource Conservation Challenge
Putting “Resource Conservation” back into the Resource Conservation and Recovery Act (RCRA)
2 goals:
Increase the national recycling rate to 35% by 2005
Cut the generation of 30 priority chemicals in hazardous waste in half by 2005
Dioxins/furans, cadmium, lead, and mercury
U.S. EPA Perspective
Increase safe recovery and recycling
Minimize the potential for liability:
Understand your RCRA requirements
CERCLA and arrangers intent
Conduct due diligence on recyclers
Make sure donation programs truly need the equipment
RCRA Waste Determination:
RCRA requires generator to make the waste determination:
Knowledge of process, or testing
For the complete federal hazardous waste requirements for generators, consult 40 CFR Parts 260-262
Check with your State to see which Subtitle C requirements are applicable to their activities
Generator Status
Households Exempt: Used computer monitors or televisions generated by households are not considered hazardous waste and are not regulated under federal regulations.
Donation or Resale Exempt: Monitors and televisions sent for continued use (i.e., resold or donated) are not considered hazardous waste.
Small Quantity Generators
Conditionally Exempt Small Quantity Generators: Businesses and other organizations are not regulated under most federal requirements if the facility discards less than 100 kilograms (about 220 lb.) of hazardous waste, including used CRTs, per month.
These wastes must still go to a facility authorized to receive solid waste.
Approx. 7-8 whole CRT monitors = 220 lbs.
Large Quantity Generators
Large Quantity Generators: Wastes from facilities that generate more than 100 kilograms (about 220 lb.) of hazardous waste per month are regulated under federal law when disposed. CRTs sent for disposal from such facilities must be manifested as “hazardous waste” and sent to a permitted hazardous waste landfill.
Solid Waste Determination:
Used CRTs sent directly to glass processors or recyclers
could under some circumstances be considered spent materials undergoing reclamation, and could therefore be solid wastes
It could then potentially be a hazardous waste
CRT Rule change
CRT Rule (40 CFR 260, 261, 264, 268, 270, and 273):
To encourage greater reuse, recycling, and management of cathode ray tubes
Finalized early 2004
Many commenters concerned that regulatory relief would encourage exports.  EPA looking at ways to address exports.
Other comments received on:
household exemptions, storage requirements, human health implications, and lack of recycling standards
Proposed CRT Rule
Approach:
CRTs sent to a collector or reseller for reuse or repair will not be regulated (products, not waste).
Same with intact, off-spec CRTs sent for recycling.
Used broken CRTs sent for recycling are conditionally excluded from haz waste requirements if they comply with universal waste-type packaging and labeling requirements for storage and shipping.
Non CRT Electronic Equipment:
Whole used circuit boards and shredded circuit boards headed for recycling will continue to be exempt
40 CFR 261.4 (a)(13) and (14)
What will not change:
Households still exempt
Conditionally Exempt Small Quantity Generators still not subject to most Subtitle C regulations
CRTs that are sent for potential reuse or repair are commodities not waste
Intact, off-spec. CRTS sent for recycling are not wastes
Used and unused CRTs sent for disposal will remain regulated as a waste
EPA Region 3 CRT Rule
Regional rule used for eCycling pilot
Partners:
DE, MD, WV, VA, PA
Sony, Panasonic, Sharp, Envirocycle Inc., Waste Management Asset Recovery Group, Elemental Inc., Electronic Industries Alliance
Polymer Alliance Zone of West Virginia
Pulled back due to adverse comments, awaiting national rule change
TCLP and other electronics:
Study currently being conducted by the University of Florida puts greater emphasis on waste characterization
CPUs have failed the Toxicity Characteristic Leaching Procedure (TCLP) for lead a majority of the time.
Maximum concentrations of contaminants for the toxicity characteristic: 40 CFR 261.24
Preliminary results:
CERCLA (Superfund) Liability:
Original generator is ultimately responsible for the management of hazardous waste.
Critical importance: source of the hazardous substances that are contributing to the release and parties responsible
Interpretations of intent and motive are made by the Courts on a case-by-case basis.
Safe Recycling: How do you know?
Due Diligence: Questions to ask your selected reuser, refurbisher, or recycler
Certification
International Association of Electronics Recyclers has developed a standard www.iaer.org
Other groups developing Best Practices
Organization for Economic Cooperation and Development, Basel Action Network
ISO standards, using Environmental Mgmt. Systems
For clarification:
The U.S. EPA has no certification program for electronics recyclers
Although some advertise themselves as such:
“AN EPA APPROVED COMPUTER RECYCLING COMPANY”
What to avoid:
“U.S. EPA FILES $111,199 COMPLAINT AGAINST MANHATTAN COLLEGE FOR HAZARDOUS WASTE VIOLATIONS”
www.epa.gov/region02/news/2002/02074.htm
Resources:
EPA Region 5 Electronics webpage
www.epa.gov/region5/solidwaste/electronics.htm
RCRA Hotline
www.epa.gov/epahome/cfr40.htm
 1-800-424-9346
Your EPA Contacts
Chris Newman
312.353.8402         [email protected]
Lucy Stanfield
312.886.1121 [email protected]
US EPA Region 5
77 W. Jackson Blvd. DW-8J
Chicago, IL 60604