Section 33-24-02-25 - Conditional exclusion for used, broken cathode ray tubes and processed cathode ray tube glass undergoing recyclingUsed, broken cathode ray tubes are not solid wastes if they meet the following conditions:
1. Prior to processing: These materials are not solid wastes if they are destined for recycling and if they meet the following requirements: a. Storage. The broken cathode ray tubes must be either: (1) Stored in a building with a roof, floor, and walls; or(2) Placed in a container (for example, a package or a vehicle) that is constructed, filled, and closed to minimize releases to the environment of cathode ray tube glass (including fine solid materials).b. Labeling. Each container in which the used, broken cathode ray tube is contained must be labeled or marked clearly with one of the following phrases: "Used cathode ray tubes-contains leaded glass" or "Leaded glass from televisions or computers." The container must also be labeled: "Do not mix with other glass materials".c. Transportation. The used, broken cathode ray tubes must be transported in a container meeting the requirements of paragraph 2 of subdivision a and subdivision b.d. Speculative accumulation and use constituting disposal. The used, broken cathode ray tubes are subject to the limitations on speculative accumulation as defined in subdivision h of subsection 3 of section 33-24-02-01. If they are used in a manner constituting disposal, they must comply with the applicable requirements of sections 33-24-05-201 through 33-24-05-209 instead of the requirements of this section.e. Exports. In addition to the applicable conditions specified in subdivisions a through d, exporters of used, broken cathode ray tubes must comply with the following requirements: (1) Notify the environmental protection agency and the department of an intended export before the cathode ray tubes are scheduled to leave the United States. A complete notification should be submitted sixty days before the initial shipment is intended to be shipped offsite. This notification may cover export activities extending over a twelve month or lesser period. The notification must be in writing, signed by the exporter, and include the following information: (a) Name, mailing address, telephone number and identification number (if applicable) of the exporter of the cathode ray tubes.(b) The estimated frequency or rate at which the cathode ray tubes are to be exported and the period of time over which the cathode ray tubes are to be exported.(c) The estimated total quantity of cathode ray tubes specified in kilograms.(d) All points of entry to and departure from each foreign country through which the cathode ray tubes will pass.(e) A description of the means by which each shipment of the cathode ray tubes will be transported (for example, mode of transportation vehicle (air, highway, rail, water), types of containers (drums, boxes, tanks)).(f) The name and address of the recycler or recyclers and the estimated quantity of used cathode ray tubes to be sent to each facility, as well as the names of any alternate recyclers.(g) A description of the manner in which the cathode ray tubes will be recycled in the foreign country that will be receiving the cathode ray tubes.(h) The name of any transit country through which the cathode ray tubes will be sent and a description of the approximate length of time the cathode ray tubes will remain in such country and the nature of their handling while there.(2) Notifications submitted by mail should be sent to the department and 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, D.C. 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 Building, Room 6144, 1200 Pennsylvania Avenue, NW, Washington, D.C. In both cases, the following must be prominently displayed on the front of the envelope: "Attention: Notification of Intent to Export Cathode Ray Tubes". (3) Upon request by the department or the environmental protection agency, the exporter shall furnish to the department and the environmental protection agency any additional information which a receiving country requests in order to respond to a notification.(4) The environmental protection agency will provide a complete notification to the receiving country and any transit countries. A notification is complete when the environmental protection agency receives a notification which the environmental protection agency determines satisfies the requirements of paragraph 1. Where a claim of confidentiality is asserted with respect to any notification information required by paragraph 1, the environmental protection agency may find the notification not complete until any such claim is resolved in accordance with 40 CFR 260.2.(5) The export of cathode ray tubes is prohibited unless the receiving country consents to the intended export. When the receiving country consents in writing to the receipt of the cathode ray tubes, the environmental protection agency will forward an acknowledgment of consent to export cathode ray tubes to the exporter. Where the receiving country objects to receipt of the cathode ray tubes or withdraws a prior consent, the environmental protection agency will notify the exporter in writing. The environmental protection agency will also notify the exporter of any responses from transit countries.(6) When the conditions specified on the original notification change, the exporter must provide the department and the environmental protection agency with a written renotification of the change, except for changes to the telephone number in subparagraph a of paragraph 1 and decreases in the quantity indicated pursuant to subparagraph c of paragraph 1. 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 subparagraphs d and h of paragraph 1) and the exporter of cathode ray tubes receives from the environmental protection agency a copy of the acknowledgment of consent to export cathode ray tubes reflecting the receiving country's consent to the changes.(7) A copy of the acknowledgment of consent to export cathode ray tubes must accompany the shipment of cathode ray tubes. The shipment must conform to the terms of the acknowledgment.(8) If a shipment of cathode ray tubes cannot be delivered for any reason to the recycler or the alternate recycler, the exporter of cathode ray tubes must renotify the department and the environmental protection agency of a change in the conditions of the original notification to allow shipment to a new recycler in accordance with paragraph 6 and obtain another acknowledgment of consent to export cathode ray tubes.(9) Exporters must keep copies of notifications and acknowledgments of consent to export cathode ray tubes for a period of three years following receipt of the acknowledgment.(10) Cathode ray tube exporters must file with the environmental protection agency and the department no later than March 1 of each year, an annual report summarizing the quantities (in kilograms), frequency of shipment, and ultimate destinations (for example, the facility or facilities where the recycling occurs) of all used cathode ray tubes exported during the previous calendar year. Such reports must also include the following: (a) The name, environmental protection agency identification number (if applicable), and mailing and site address of the exporter;(b) The calendar year covered by the report;(c) A certification signed by the cathode ray tube exporter which 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".(11) Annual reports must be submitted to the department and the office specified in paragraph 2. Exporters shall keep copies of each annual report for a period of at least three years from the due date of the report.2. Requirements for used cathode ray tube processing: Used, broken cathode ray tubes undergoing cathode ray tube processing as defined in section 33-24-01-04 are not solid wastes if they meet the following requirements: a. Storage. Used, broken cathode ray tubes undergoing processing are subject to the requirement of subdivision d of subsection1.b. Processing. (1) All activities specified in subdivisions b and c of the definition of "cathode ray tube processing" in section 33-24-01-04 must be performed within a building with a roof, floor, and walls; and(2) No activities may be performed which use temperatures high enough to volatilize lead from cathode ray tubes.3. Processed cathode ray tube glass sent to cathode ray tube glass making or lead smelting: Glass from used cathode ray tubes which is destined for recycling at a cathode ray tube glass manufacturer or a lead smelter after processing is not a solid waste unless it is speculatively accumulated as defined in subdivision h of subsection 3 of section 33-24-02-01.4. Use constituting disposal: Glass from used cathode ray tubes which is used in a manner constituting disposal must comply with the requirements of sections 33-24-05-201 through 33-24-05-209 instead of the requirements of this section.N.D. Admin Code 33-24-02-25
Adopted by Administrative Rules Supplement 2016-359, January 2016, effective 1/1/2016.General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04