California s Evolving Universal Waste Rules

Transcription

1 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

2 What we re going to cover... What is universal waste? When and how EPA and DTSC regulations have diverged California s universal waste categories Overview of California s rules EPR and other strategies to divert UW from landfills Cell Phone Recycling Act

3 What is Universal Waste? Universal Wastes are Hazardous Wastes...

4 Universal Wastes are Hazardous Wastes that... Are widely generated by all sectors of society industry, small businesses, offices, consumers,... Pose relatively lower risks to human health and the environment than industrial hazardous waste (they re still hazardous wastes) Can be safely managed under reduced, performance-based management requirements in lieu of the prescriptive rules for most HW

5 Where Universal Waste Fits in... (Solid) Waste E-Waste Universal Waste Household Hazardous Waste Hazardous Waste

6 Universal Waste Milestones 1995: Final EPA universal waste rule for batteries, pesticides, and thermostats 1999: EPA adds lamps to its UWR 2000: DTSC adopts UWR as emergency regulations for batteries, lamps and thermostats (not pesticides) 2002: DTSC adopts its final UWR 2003: DTSC adopts its final E-Waste Rule and adds 10 mercury-containing UWs

7 Universal Waste Timeline 2005: EPA adds mercury-containing equipment (including thermostats) to the federal UWR 2006: EPA Final CRT Rule not UW 2009: DTSC Consolidated UW/E-Waste Regulations Small Quantity Handler abolished New category mercury-containing equipment for consistency with EPA 2012: DTSC proposes new recycling and disposal options for CRTs and glass

8 EPA proposes the universal waste rule Universal Waste Timeline EPA adds lamps to UWR DTSC adds CRTs, CRT devices, and consumer electronic devices DTSC final E- Waste and Hg Rules EPA rule conditionally excludes CRTs and CRT glass DTSC proposes changes for universal waste CRTs and CRT glass EPA final rule for batteries, pesticides, and thermostats 2000 DTSC UWR emergency regulations DTSC final UWR EPA adds mercurycontaining equipment to UWR 2009 DTSC Final Consolidated Universal Waste Regulations 2012

9 So, what s different between EPA s UWR and California s? Different categories: California has electronic devices, CRTs, CRT glass California s UW rules allow more extensive treatment of e-waste by UW handlers than is allowed for other UWs USEPA has pesticides

10 So, what s different between EPA s UWR and California s? California captures household, CESQG universal wastes No exemption/exclusion California s toxicity characteristic and mercury listings capture wastes that are non-hazardous under RCRA Some differences in requirements

11 California s UWR no longer includes Large and Small Quantity Handlers RCRA Small Quantity Handler: Same prohibitions and accumulation time limits as for LQG (no treatment, no disposal) >1 year if necessary to... facilitate proper recovery, treatment, or disposal Less extensive employee training No EPA identification number requirement No requirement to track shipments

12 Batteries Fluorescent tubes (lamps) Electronic devices Cathode ray tubes (CRTs) Mercury Devices Non-Empty Aerosol Cans

13 Mercury Containing Equipment Motor vehicle switches Thermometers Dilators and weighted tubing Gas flow regulators Vehicleswitches Manometers Barometers Thermostats

14 Not Universal Waste... Spent automotive-type lead-acid batteries Hazardous waste Electronic devices, lamps, and mercury-containing equipment that are destined for disposal Hazardous waste Items destined for re-use or continued use without refurbishment or after refurbishment (e.g., some used cell phones) Not waste This can get a bit tricky...

15 A Universal Waste Handler is any of These... The generator of a universal waste The owner or operator of a facility that receives universal waste from other handlers, accumulates it, and sends it... 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)

16 Overview of Universal Waste Handler Requirements Very limited treatment and no disposal Notification (Identification Number) for handlers that accumulate 5,000 kg Mange UW in a manner that prevents breakage, releases to the environment Specific labeling/marking requirements Accumulate UW 1 year

17 Overview of Universal Waste Handler Requirements Provide personnel Training Immediately respond to releases Follow rules for offsite shipments Tracking: keep a record of all shipments sent and received 3 years

18 Extra Requirements for Handlers of Electronic Devices, CRTs, CRT Glass Notify DTSC at least 30 days prior to accepting from an offsite source Annual reporting required for a UW handler that: Accepts in a calendar year more than 100 kilograms (220 pounds) of electronic devices, CRTs, and CRT glass, combined, from offsite sources Generates 5,000 kg (11,000 lbs.) of electronic devices, CRTs, and CRT glass, combined

19 E-Waste Handlers may Conduct Offsite Treatment Without a Permit Handlers of Electronic Devices, CRTs, and CRT Glass may: Remove discrete assemblies Dismantle devices Requires additional notification and annual report Process devices, residuals, CRT, and glass Notification, annual report Requires a closure plan, cost estimate, and financial mechanisms if the processing will produce a hazardous waste residual Limited disposition options

20 Transportation; Treatment, Storage, Disposal Universal waste transporters are: Exempt from transporter registration, use of manifest Subject to DOT hazardous materials rules Required to immediately respond Destination Facilities: Are fully regulated as hazardous waste facilities In California, must obtain a hazardous waste facility permit

21 The Universal Waste Regulations Make Possible... Retailer take-back programs: Mandatory, like rechargeable batteries and cell phones Voluntary, like battery and CFL takeback programs at Ikea, Ace Hardware, Orchard Supply, etc.

22 Approaches to Diverting Universal Waste from Landfills...

23 The Universal Waste Regulations EPR programs Make Possible... Statewide, like the one mandated by the Mercury Thermostat Collection Act Regional, like San Luis Obispo s EPR ordinances for a variety of products State administered programs, like the Electronic Waste Recycling Act

24 Elements needed to achieve and measure success... Simple rules (e.g., universal waste) Funding source (for UW with little/no value) Data/metrics Performance requirements

25 Challenges to Diverting Universal Waste from Landfills Costs of collection, transportation, recycling/disposal: Some universal wastes have little commodity value Measuring success No cradle-to-grave tracking of universal wastes via HW manifests Little/no data on disposal rates Sales data can sometimes be used as a surrogate

26 A few words about extended producer responsibility (EPR) A policy approach in which producers accept significant responsibility (financial and/or physical) for the treatment or disposal of postconsumer products. Premise: holding manufacturers financially responsible for end of life management provides an incentive to eliminate or reduce toxic substances

27 A few words about extended producer responsibility (EPR) EPR provides manufacturers with the flexibility to create a system that meets their needs Direct take back for reuse, remanufacturing, or recycling or contract with a third party organization (TPO) The TPO could be a non-profit, a retailer, or even local government

28 AB 2901: Cell Phone Recycling Act of 2004 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: Take back used cell phones at no cost that a consumer obtained from the retailer

29 AB 2901: Cell Phone Recycling Act Retailers must of 2004 Take back used cell phones obtained anywhere when a consumer buys a new cell phone Provide a mechanism for the return of cell phones delivered directly to a consumer (e.g., by mail) Publicize the cellular phone recycling opportunities

30 AB 2901: Cell Phone Recycling Act of 2004 DTSC required to post on the Web California s estimated cell phone recycling rate Data limitations the law does not require: Retailers to report the number of cell phones collected for recycling Manufacturers to report cell phone sales data

31 Cell Phone Collection Data

32 Status of used cell phones under DTSC s rules Depends on whether they are a waste If they exhibit a hazardous waste characteristic (e.g., toxicity), they may be hazardous waste As universal waste electronic devices they can be accepted without a permit, transported without a manifest Limited treatment (e.g., dismantling, separating components, even crushing or shredding) without a permit

33 Thank You! André Algazi Office of Pollution Prevention and Green Technology Department of Toxic Substances Control (916)