N.D. Admin. Code 33.1-24-02-25

Current through Supplement No. 394, October, 2024

Section 33.1-24-02-25 - Conditional exclusion for used, broken cathode ray tubes and processed cathode ray tube glass undergoing recycling

Used, 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 33.1-24-02-01. If they are used in a manner constituting disposal, they must comply with the applicable requirements of sections 33.1-24-05-201 through 33.1-24-05-209 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 off site. 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 must be submitted electronically using the environmental protection agency's waste import export tracking system, or its successor system.

(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.

(5) The export of cathode ray tubes is prohibited unless all of the following occur:

(a) The receiving country consents to the intended export. When the receiving country consents in writing to the receipt of the cathode ray tubes, 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, environmental protection agency will notify the exporter in writing. The environmental protection agency will also notify the exporter of any responses from transit countries.

(b) On or after the automated export system filing compliance date, the exporter or a United States authorized agent shall submit electronic export information for each shipment to the automated export system or its successor system, under the international trade data system platform in accordance with 15 CFR 30.4(b).

(c) The following items must be included with the electronic export information, along with the information required under 15 CFR 30.6:

[1] Environmental protection agency license code;

[2] Commodity classification code per 15 CFR 30.6(a)(12);

[3] Environmental protection agency consent number;

[4] Country of ultimate destination per 15 CFR 30.6(a)(5);

[5] Date of export per 15 CFR 30.6(a)(2);

[6] Quantity of waste in shipment and units for reported quantity, if required reporting units established by value for the reported commodity classification number are in units of weight or volume per 15 CFR 30.6(a) (15); or

[7] Environmental protection agency net quantity reported in units of kilograms, if required reporting units established by value for the reported commodity classification number are not in units of weight or volume.

(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 shall keep copies of notifications and acknowledgments of consent to export cathode ray tubes for a period of three years following receipt of the acknowledgment. Exporters may satisfy this recordkeeping requirement by retaining electronically submitted notifications or electronically generated acknowledgments in the cathode ray tube exporter's account on the environmental protection agency's waste import export tracking system, or its successor system, provided that such copies are readily available for viewing and production if requested by any environmental protection agency or authorized state inspector. No cathode ray tubes exporter may be held liable for the inability to produce a notification or acknowledgment for inspection under this section if the cathode ray tube exporter can demonstrate that the inability to produce such copies are due exclusively to technical difficulty with environmental protection agency's waste import export tracking system, or its successor system for which the cathode ray tube exporter bears no responsibility.

(10) Prior to one year after the automated export system filing compliance date, annual reports must be sent to the following mailing address:

Office of Land and Emergency Management, Office of Resource Conservation and Recovery, Materials Recovery and Waste Management Division, International Branch (Mail Code 2255A), Environmental Protection Agency 1200 Pennsylvania Ave. NW Washington, DC 20460.

Hand-delivered annual reports on used cathode ray tubes exported during 2016 should be sent to:

Subsequently, annual reports must be submitted to the office listed. Exporters shall keep copies of each annual report for a period of at least three years from the due date of the report. Exporters may satisfy this recordkeeping requirement by retaining electronically submitted annual reports in the cathode ray tube exporter's account on environmental protection agency's waste import export tracking system, or its successor system, provided that a copy is readily available for viewing and production if requested by any environmental protection agency or authorized state inspector. No cathode ray tube exporter may be held liable for the inability to produce an annual report for inspection under this section if the cathode ray tube exporter can demonstrate that the inability to produce the annual report is due exclusively to technical difficulty with environmental protection agency's waste import export tracking system, or its successor system for which the cathode ray tube exporter bears no responsibility.

(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 33.1-24-01-04 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 subsection 1.

b. Processing.

(1) All activities specified in subdivisions b and c of the definition of "cathode ray tube processing" in section 33.1-24-01-04 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 33.1-24-02-01.

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 33.1-24-05-201 through 33.1-24-05-209 instead of the requirements of this section.

N.D. Admin Code 33.1-24-02-25

Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019.

Amended by Administrative Rules Supplement 2020-377, July 2020, effective 7/1/2020.

General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1

Law Implemented: NDCC 23.1-04-03, 23.1-04-05; S.L. 2017, ch. 199, § 19