La. Admin. Code tit. 33 § V-4911

Current through Register Vol. 50, No. 6, June 20, 2024

Section V-4911 - Conditional Exclusion for Used, Broken Cathode Ray Tubes (CRTs) Undergoing Recycling

A. Prior to processing, broken CRTs are not solid wastes if they are destined for recycling and if they meet the following requirements.

1. Storage. The broken CRTs shall be either:

a. stored in a building with a roof, floor, and walls; or

b. placed in a container (i.e., a package or a vehicle) that is constructed, filled, and closed to minimize identifiable releases to the environment of CRT glass (including fine solid materials).

2. Labeling. Each container in which used, broken CRT material is contained shall be labeled or marked clearly with one of the following phrases: "Used Cathode Ray Tube(s)- Contains Leaded Glass" or "Leaded Glass from Televisions or Computers." It shall also be labeled: "Do Not Mix with Other Glass Materials."

3. Transportation. The used, broken CRTs shall be transported in a container meeting the requirements of Subparagraph A.1.b and Paragraph A.2 of this Section.

4. Speculative Accumulation and Use Constituting Disposal. The used, broken CRTs are subject to the limitations on speculative accumulation as defined in LAC 33:V.109. If they are used in a manner constituting disposal, they must comply with the applicable requirements of LAC 33:V.4139 and 4141 instead of the requirements of this Section.

5. Exports

a. In addition to the applicable conditions specified in Paragraphs A.1-4 of this Section, exports of used, broken CRTs must comply with the following requirements.

i. Notify EPA of an intended export before the CRTs are scheduled to leave the United States. A complete notification should be submitted 60 days before the initial shipment is intended to be shipped off-site. This notification may cover export activities extending over a 12-month period. The notification must be in writing, signed by the exporter, and include:

(a). name, mailing address, telephone number, and EPA ID number (if applicable) of the exporter of the CRTs;

(b). the estimated frequency or rate at which the CRTs are to be exported and the period of time over which they are to be exported;

(c). the estimated total quantity of CRTs specified in kilograms;

(d). all points of entry to, and departure from, each foreign country through which the CRTs will pass;

(e). a description of the means by which each shipment of the CRTs will be transported (e.g., mode of transportation vehicle (air, highway, rail, water, etc.), and types(s) of container used (drums, boxes, tanks, etc.);

(f). the name and address of the recycler(s), the estimated quantity of used CRTs to be sent to each facility, and the names of any alternate recyclers;

(g). a description of the manner in which the CRTs will be recycled in the foreign country that will be receiving the CRTs; and

(h). the name of any transit country through which the CRTs will be sent, and a description of the approximate length of time the CRTs will remain in such country and the nature of their handling while there.

ii. Notifications submitted by mail should be sent to the following mailing address: Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (Mail Code 2254A), Environmental Protection Agency, 1200 Pennsylvania Avenue, NW, Washington, DC 20460. Hand-delivered notifications should be sent to: Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division, (Mail Code 2254A), Environmental Protection Agency, Ariel Rios Bldg., Room 6144, 1200 Pennsylvania Ave., NW, Washington, DC. In both cases, the following shall be prominently displayed on the front of the envelope: "Attention: Notification of Intent to Export CRTs."

iii. Upon request by EPA, the exporter shall furnish to EPA any additional information which a receiving country requests in order to respond to a notification.

iv. EPA will provide a complete notification to the receiving country and any transit countries. A notification is complete when EPA receives a notification which EPA determines satisfies the requirements of Clause A.5.a.i of this Section. Where a claim of confidentiality is asserted with respect to any notification information required by Clause A.5.a.i of this Section, EPA may find the notification not complete until any such claim is resolved in accordance with 40 CFR 260.2.

v. The export of CRTs is prohibited unless the receiving country consents to the intended export. When the receiving country consents in writing to the receipt of the CRTs, EPA will forward an acknowledgment of consent to export CRTs to the exporter. Where the receiving country objects to receipt of the CRTs or withdraws a prior consent, EPA will notify the exporter in writing. EPA will also notify the exporter of any responses from transit countries.

vi. When the conditions specified on the original notification change, the exporter must provide EPA with a written renotification of the change, except for changes to the telephone number in Subclause A.5.a.i.(a) of this Section, and decreases in the quantity indicated in Subclause A.5.a.i.(c) of this Section. The shipment cannot take place until consent of the receiving country to the changes has been obtained (except for changes to information about points of entry and departure and transit countries pursuant to Subclauses A.5.a.i.(d) and A.5.a.i.(h) of this Section).

vii. A copy of the acknowledgment of consent to export CRTs must accompany the shipment of CRTs. The shipment must conform to the terms of the acknowledgment.

viii. If a shipment of CRTs cannot be delivered for any reason to the recycler or the alternate recycler, the exporter of CRTs must renotify EPA of a change in the conditions of the original notification to allow shipment to a new recycler in accordance with Subclause A.5.a.i.(f) of this Section, and obtain another acknowledgment of consent to export CRTs.

ix. Exporters must keep copies of notifications and acknowledgments of consent to export CRTs for a period of three years following receipt of the acknowledgment.

x. CRT exporters must file with EPA no later than March 1 of each year, an annual report summarizing the quantities (in kilograms), frequency of shipment, and ultimate destination(s) (i.e., the facility or facilities where the recycling occurs) of all used CRTs exported during the previous calendar year. Such reports must also include the following:

(a). the name, EPA ID number (if applicable), and mailing and site address of the exporter;

(b). the calendar year covered by the report; and

(c). a certification signed by the CRT exporter that states: "I certify under penalty of law that I have personally examined and am familiar with the information submitted in this and all attached documents and that, based on my inquiry of those individuals immediately responsible for obtaining this information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment."

xi. Annual reports must be submitted to the office specified in Clause A.5.a.ii of this Section. Exporters must keep copies of each annual report for a period of at least three years from the due date of the report.

B. Requirements for Processing of Used, Broken CRTs. Used, broken CRTs undergoing CRT processing as defined in LAC 33:V.109 are not solid wastes if they meet the following requirements.

1. Storage. Used, broken CRTs undergoing processing are subject to the requirements of Paragraphs A.1, 2, and 4 of this Section.

2. Processing. All CRTs shall be processed within a building with a roof, floor, and walls. No activities may be performed that use temperatures high enough to volatilize lead from CRTs.

C. Processed CRT Glass Sent to CRT Glass Making or Lead Smelting. Glass removed 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 as defined in LAC 33:V.109. Imported, processed glass from CRTs is subject to these requirements as soon as it enters this state.

D. Processed CRT Glass Sent to Other Types of Recycling, except for Use Constituting Disposal. Glass removed from CRTs that is destined for other types of recycling after processing (except use constituting disposal) is not a solid waste if it meets the requirements of Paragraphs A.1-4 of this Section. Imported, processed glass removed from CRTs is subject to these requirements as soon as it enters this state.

E. Use Constituting Disposal. Processed glass removed from CRTs that is used in a manner constituting disposal shall comply with the requirements of Paragraphs A.1-4 of this Section and the applicable requirements of LAC 33:V.4139. Imported, processed glass from CRTs is subject to these requirements as soon as it enters this state.

La. Admin. Code tit. 33, § V-4911

Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Affairs Division, LR 31:3122 (December 2005), amended LR 34:645 (April 2008), Amended by the Office of the Secretary, Legal Division, LR 412601 (12/1/2015).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and in particular R.S. 30:2180 et seq.