1. 1 Electronic Waste Recycling Act DTSC Final Regulations Workshop Presented by Charles Corcoran and Valetti Lang Department of Toxic Substances Control August 23, 2005

2. 2 DTSC Final Regulations Background: DTSC adopted emergency regulations, [the alternative management standards (AMS) for electronic devices that are hazardous wastes] to implement SB 20. The AMS regulations are part of DTSC’s universal waste regulations. The AMS regulations are consistent with the cathode ray tube (CRT) regulations adopted in 2001. The AMS regulations allow specified treatment activities for recycling universal waste electronic devices (UWEDs) without obtaining a hazardous waste facility permit. AMS Regulations expire June 6, 2006.

3. 3 DTSC Final Regulations Background continued: DTSC adopted emergency regulations (Chapter 11, Appendix X) that identified devices managed as “covered electronic devices”. Two (2) devices (LCD & plasma televisions) were added to the original list on December 27, 2004. The additions to the Appendix X regulations expire on January 1, 2007.

4. 4 DTSC Final Regulations Background continued: DTSC adopted emergency regulations [66260.201] requiring manufacturers to provide its retailers a notification containing specified information on its covered electronic devices. The notification requirements were amended April 11, 2005 to make them more flexible. The manufacturer notification regulations expire on April 11, 2007.

5. 5 DTSC Final Regulations DTSC’s “final regulations” will make these three (3) emergency regulations (AMS Regulations, Chapter 11, Appendix X List, Manufacturer Notification Requirements) permanent. This is your opportunity to interact with DTSC and provide input on what is or what should be required to properly and safely recycle UWEDs and CRT materials. This is the time to address needed or wanted changes to the Chapter 23 requirements for managing UWEDs and CRT materials. This is the time to let us know what works too!

6. 6 DTSC Final Regulations RULEMAKING TIMELINE ACTIVITIESAPPROXIMATE DATES Prepare Package 10/1/2005 Regulation Workshops11/2005 Public Notice Period (hearing on last day)01/02/2006 -02/15/2006 Review/respond to public comments.03/15/2006 15-Day Public Notice04/01/2006 DTSC Submit to OAL Review 05/01/2006 Effective Date06/01/2006

7. 7 DTSC Final Regulations SB 50 requires DTSC to adopt regulations consistent with the European Union Directive 2002/95/EC which prohibits, under specified conditions, the sale of electronic devices due to the presence of certain substances. Commonly referred to as the Restriction of Hazardous Substances (RoHS Directive). SB 50 requires DTSC’s regulations to be based on the published decision of the Technical Adaptation Committee (TAC) which establishes the maximum concentration values (MCVs) for hazardous substances prohibited by the RoHS Directive. TAC published its Decision on August 18, 2005 [http://europa.eu.int/eur- lex/lex/LexUriServ/site/en/oj/2005/l_214/l_21420050819en00650065.pdf]http://europa.eu.int/eur- lex/lex/LexUriServ/site/en/oj/2005/l_214/l_21420050819en00650065.pdf DTSC’s final regulations package will include the MCVs established by TAC for lead, mercury, hexavalent chromium, and cadmium.

8. 8 DTSC Final Regulations Scope and Definition of Covered Electronic Device (CED) Chapter 11, Appendix X How can DTSC better clarify which devices are CEDs? What other devices should be included in SB50 Program? 66273.8 Disposal exemption for CEDs (February 2006) Should DTSC terminate the 2006 disposal exemption for LCD- containing CEDs in final regulations or in February 2006? 66260.201 Manufacturer Notification What level of detail should be contained in the notification? How are the retailers using the notifications? How are retailers determining the appropriate fee ($6, $8, $10)? How are the retailers determining screen size?

9. 9 DTSC Final Regulations Waste Management Standards Currently: Article 2 66273.13 (UWED small quantity handler) Article 3 66273.33 (UWED large quantity handler) Article 7 66273.83 (CRT material handler) Proposed: Consolidate and adopt “handler standards” that address universal rule (Chapter 23) requirements for: Handlers of universal waste Recyclers of universal waste

10. 10 DTSC Final Regulations Universal Waste Handler General Standards: What are the appropriate standards for handling UWEDs and CRT material? Notifications [66273.12/32 and 66273.13/33(d)(2)(A)/66273.82] Are there any problems with notification requirements? Reporting [66273.13/33(d)(2)(B)] Are there any problems with the reporting requirements? Labeling/Marking (66273.14/34/84) Are there any problems with labeling for UWEDs and CRT materials? Accumulation Time Limits (66273.15/35/85) Is the one-year accumulation time limit clear?

11. 11 DTSC Final Regulations Employee Training (66273.16/36/86) What elements should be present in the training plan? What do employees handling UWEDs/CRT materials need to know? Do you support/not support consolidation of small/large quantity standards into one set if the change places additional training requirement on small quantity handlers?

12. 12 DTSC Final Regulations Employee Training (66273.16/36/86) SQH: “inform all employees … describe proper handling and emergency procedures appropriate to the type(s) of universal waste handled at the facility.” LQH: “ensure that all employees…familiar with proper waste handling and emergency procedures, relative to their responsibilities during normal facility operations and emergencies.” CRTMH: “inform all employees…of proper handling and emergency procedures appropriate for the waste handled at the facility.” These employees must receive training on the hazardous associated with handling CRT materials, the requirements of Chapter 23, and proper procedures for responding to releases. These employees have an annual review of training. Training records maintained at least three(3) years.

13. 13 DTSC Final Regulations Universal Waste Handler Standards (cont.) Response to Releases (66273.17/37/87) Comments? Off-site Shipments (66273.18/38/88) Comments? Tracking UW Shipments (66273.19/39/89) Comments? Exports (66273.20/40/90) Comments? Transportation (66273.50-56) Comments?

14. 14 DTSC Final Regulations Universal Waste Handler Standards (cont.) Waste Management (66273.13/33/83) Are there any problems associated with differentiating the levels of activities (dismantlers, processors, etc.) and the corresponding requirements? Other comments?

15. 15 DTSC Final Regulations Universal Waste Handler Standards (cont.) Closure cost estimate: Comments? Financial assurance for closure: Comments? Financial responsibility for liability: Comments?

16. 16 DTSC Final Regulations Additional Feedback DTSC requests your written comments on this workshop to be submitted no later than the end of September 2005. Written comments may be submitted to: Mailed:DTSC, 11 th Floor, MS-10 P.O. Box 806 Sacramento, California 95812-0806 Attn: Universal Waste AMS Regulations Electronic:ccorcora@dtsc.ca.gov or vlang@dtsc.ca.govccorcora@dtsc.ca.govvlang@dtsc.ca.gov