N.Y. Comp. Codes R. & Regs. tit. 6 § 371.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 371.5 - Exclusions/exemptions

(a) [Reserved].

(b)Conditional exclusion for used, broken cathode ray tubes (CRTs) and processed CRT glass undergoing recycling.

Used, broken CRTs are not solid wastes if they are managed in accordance with the following criteria. If the criteria are not met, the used, broken CRTs are solid waste, and hazardous waste if the definition of hazardous waste is met.

(1) Prior to processing: these materials must be destined for recycling and the following requirements met:

(i) Storage. The broken CRTs must 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 releases to the environment of CRT glass (including fine solid materials or their constituents).

(ii) Labeling. Each container in which the used, broken CRT is contained must 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 must also be labeled: "Do not mix with other glass materials."

(iii) Transportation. The used, broken CRTs must be transported in a container meeting the requirements of section 371.4(j)(1)(i) (b) and 371.4(j)(1)(ii) of this Part.

(iv) Speculative accumulation and use constituting disposal. The used, broken CRTs are subject to the limitations on speculative accumulation as defined in section 371.1(a)(1) of this Part. If they are used in a manner constituting disposal, they must comply with the applicable requirements of section 374-1.3 of this Title instead of the requirements of this subdivision.

(v) Exports. In addition to the applicable conditions specified in subparagraph (1)(i) through (iv) of this subdivision, exporters of used, broken CRTs must comply with the requirements of 40 CFR 261.39(a)(5) as implemented by USEPA (see section 370.1[e] of this Title).

(a) Notification of intent to export, required to be submitted to USEPA under 40 CFR 261.39(a)(5) (see section 370.1(e) of this Title), must also be submitted to the department.

(2) Requirements for used CRT processing: Used, broken CRTs undergoing CRT processing as defined in subdivision 370.2(b) of this Title must be managed in accordance with the following criteria:

(i) Storage. Used, broken CRTs undergoing CRT processing are subject to the requirement of subparagraph (1)(iv) of this subdivision.

(ii) Processing.

(a) All activities specified in subparagraphs (ii) and (iii) of the definition of CRT processing in section 370.2(b) of this Title must be performed within a building with a roof, floor, and walls; and

(b) No activities may be performed that use temperatures high enough to volatilize lead from CRT

(3) Processed CRT glass sent to CRT glass making or lead smelting: 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 as defined in section 371.1(a)(1) of this Part.

(4) Use constituting disposal: Glass from used CRTs that is used in a manner constituting disposal must comply with the requirements of section 374-1.3 of this Title, instead of the requirements of this subdivision.

(c)Conditional exclusion for used, intact cathode ray tubes (CRTs) exported for recycling.

Used, intact CRTs exported for recycling are not solid wastes if they meet the notice and consent conditions of subparagraph (j)(1)(v) of this section, and if they are not speculatively accumulated as defined in section 371.1(a)(1) of this Part.

(d)Notification and recordkeeping for used, intact cathode ray tubes (CRTs) exported for reuse.

CRT exporters who export used, intact CRTs for reuse must comply with the notification and recordkeeping requirements of 40 CFR 261.41 as implemented by USEPA (see section 370.1(e) of this Title). Notification of intent to export, required to be submitted to EPA under 40 CFR 261.41(a) (see section 370.1[e] of this Title), must be submitted to the department.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 371.5

Adopted New York State Register March 4, 2020/Volume XLII, Issue 09, eff. 4/18/2020