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EXCLUSIONS FROM REGULATION AS SOLID WASTEOne presentation in a series that briefly explains the Federal exclusions from full regulation for certain materials under the Resource Conservation and Recovery Act (RCRA).

40 CFR 261.4(a)(22)

This presentation: 40 CFR 261.4(a)(22):Used Cathode Ray Tubes

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PRESENTED BY:

Daniels Training Services815.821.1550www.DanielsTraining.comInfo@DanielsTraining.com

A different kind of training.

40 CFR 261.4(a)(22)

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40 CFR 261.4(a)

• Paragraph ‘a’ of section 261.4 identifies 25 materials excluded from regulation as a solid waste.

• If a material does not meet the definition of a solid waste, it cannot be a hazardous waste.

40 CFR 261.4(a)(22)

Solid Waste

Hazardous Waste

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Recycling of Cathode Ray Tubes(1)

“EPA provides a conditional exclusion from the definition of solid waste for cathode ray tubes (CRTs) and CRT glass destined for recycling. EPA promulgated reduced standards to increase the collection and recycling of CRTs, and to reduce the amount of lead in landfills by allowing lead to be reused to make new CRT glass or sent to a lead smelter. Under this exclusion, used, unbroken CRTs are not regulated as solid waste unless they are stored for more than one year. EPA set simplified standards for unbroken CRTs because the risk of lead releases from them is very low…

40 CFR 261.4(a)(22)

2008 RCRA Orientation Manual

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Recycling of Cathode Ray Tubes(2)

..Used, broken CRTs are also not regulated as solid waste as long as the conditions of the exclusion are met. Glass removed from CRTs remains unregulated when destined for recycling at a CRT glass manufacturer or a lead smelter when the conditions of the exclusion are met. In addition, individuals that export used, broken or unbroken CRTs for recycling or reuse are subject to notification requirements and must receive written consent from the receiving country through EPA before shipment can be made.”

40 CFR 261.4(a)(22)

2008 RCRA Orientation Manual

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“The following materials are not solid wastes for the purpose of this part…”(1)

• Used, intact CRTs.• Unless disposed, or;• If accumulated speculatively by a CRT collector or glass processor.

40 CFR 261.4(a)(22)

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“The following materials are not solid wastes for the purpose of this part…”(2)

• Used, intact CRTs OK to export for recycling if comply with §261.40.• Refer to slide #15.

40 CFR 261.4(a)(22)

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“The following materials are not solid wastes for the purpose of this part…”(3)

• Used, broken CRTs OK if comply with §261.39.• Refer to slide #16.

40 CFR 261.4(a)(22)

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“The following materials are not solid wastes for the purpose of this part…”(4)

• Glass removed from CRTs OK if comply with §261.39(c).• Refer to slide #17.

40 CFR 261.4(a)(22)

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More to Consider(1)…

• Cathode ray tube or CRT means a vacuum tube, composed primarily of glass, which is the visual or video display component of an electronic device. A used, intact CRT means a CRT whose vacuum has not been released. A used, broken CRT means glass removed from its housing or casing whose vacuum has been released (§260.10 - Definitions).

40 CFR 261.4(a)(22)

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More to Consider(2)…

• Most CRTs exhibit the Toxicity characteristic for lead and are therefore a hazardous waste when disposed.

• CRTs from households are excluded from regulation as hazardous waste per §261.4(b)(1).

40 CFR 261.4(a)(22)

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More to Consider(3)…

• CRTs must be used to be subject to exclusion.

• Exclusion applies to both broken and intact CRTs, though requirements differ.

40 CFR 261.4(a)(22)

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More to Consider(4)…

• Restriction on speculative accumulation applies to CRT collectors and glass processers, not on generators, if CRTs:• Intact.• Recycled domestically.

40 CFR 261.4(a)(22)

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More to Consider(5)…

• Check with your State as it may not recognize this Federal exclusion.

• States may also vary greatly on the requirements for:• Storage.• Labeling.• Accumulation time limits.

40 CFR 261.4(a)(22)

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More to Consider (§261.40)

• Must meet the notice and consent conditions of §261.39(a)(5).• Notice submitted 60 days prior to intended export.

• Specific requirements for notification.

And…• Not speculatively accumulated.• Back to slide #7.

40 CFR 261.4(a)(22)

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More to Consider (§261.39)

• Used, broken CRTs still not solid waste if:• Stored, labeled, & transported properly.• Limits on speculative accumulation apply to generators and processors.

• If used in a manner constituting disposal must comply with §266, subpart C.

• Back to slide #8.

40 CFR 261.4(a)(22)

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More to Consider [§261.39(c)]

• Glass from used CRTs that is destined for recycling at a CRT glass manufacturer or a lead smelter after processing is not a solid waste unless it is speculatively accumulated.• Does not specify the CRTs must be intact, though it may be assumed.

• Allows for limited processing of CRTs (removal of glass) by a generator.

• Back to slide #9.

40 CFR 261.4(a)(22)

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40 CFR 261.4(a)(22) Verbatim:(a) Materials which are not solid wastes. The following materials are not solid wastes for the purpose of this part:

…

22) Used cathode ray tubes (CRTs)

(i) Used, intact CRTs as defined in § 260.10 of this chapter are not solid wastes within the United States unless they are disposed, or unless they are speculatively accumulated as defined in § 261.1(c)(8) by CRT collectors or glass processors.

(ii) Used, intact CRTs as defined in § 260.10 of this chapter are not solid wastes when exported for recycling provided that they meet the requirements of § 261.40.

(iii) Used, broken CRTs as defined in § 260.10 of this chapter are not solid wastes provided that they meet the requirements of § 261.39.

(iv) Glass removed from CRTs is not a solid waste provided that it meets the requirements of § 261.39(c).

40 CFR 261.4(a)(22)

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Got Questions About RCRA or HazMat Transportation?

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40 CFR 261.4(a)(22)