AB 1419 FAQs


 

FAQs

1. If CRT panel glass (i.e., used, broken CRT panel glass or CRT panel glass without phosphor) exceeds the TTLC for other hazardous constituents sometimes found in CRT panel glass, including lead, antimony or zinc, can the CRT panel glass still qualify for exclusion under the CRT glass recycling law?

If the CRT panel glass exceeds the TTLC for any other regulated hazardous constituent identified in California Code of Regulation, title 22, section 66261.24, including lead, antimony or zinc, the CRT panel glass cannot qualify to be excluded from DTSC's hazardous waste regulations, including its UWR under the CRT glass recycling law. This includes CRT panel glass that does not otherwise exceed soluble threshold limit values for regulated hazardous constituents but does exceed TTLC values for regulated hazardous constituents other than barium.

CRT panel glass that does not qualify for exclusion under the CRT glass recycling law may be managed under DTSC's UWR.

2. Do all of the requirements found in Section 261.39 of Title 40 of the Code of Federal Regulations (titled - Conditional Exclusion for Used, Broken Cathode Ray Tubes (CRTs) and Processed CRT Glass Undergoing Recycling) apply to CRT panel glass excluded under the CRT glass recycling law?

Not all of the requirements in Section 261.39 apply to such CRT panel glass: specifically the labelling requirements in section 261.39(a)(2) because the glass is not hazardous for its lead content;the requirements in section 261.39(a)(5) because this particular type of glass is not regulated by US EPA and thus would not require a notification to them;the use constituting disposal (UCD) requirements in sections 261.39(a)(4) and 261.39(d) because the CRT glass recycling law exempts such glass from outright prohibition on that activity and thereby any requirements that authorize the activity;the requirements related to CRT processing in section 261.39(b) because CRT glass processing includes activities currently regulated under DTSC's UWR, and lastly the requirements in section 261.39(c) because the glass will not be recycled through CRT glass manufacturing or lead smelting.

The requirements in section 261.39 that apply to CRT panel glass excluded under the CRT glass recycling law include:

  • Storage (section 261.39(a)(1))

The CRT glass is to be either "[s]tored in a building with a roof, floor, and walls, or… [p]laced 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)."

  • Transportation (section 261.39(a)(3));

The CRT panel glass must be transported "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)."

  • Speculative Accumulation (section 261.39(a)(4), except for UCD)

The CRT panel glass is "subject to the limitations on speculative accumulation…" CRT panel glass that is speculatively accumulated is not excluded under the CRT glass recycling law..

Please see the United States Environmental Protection Agencies (US EPA's) Frequently Asked Questions concerning CRT recycling for how to demonstrate your glass is not accumulated speculatively.(link)

3. Do all the requirements in section 66273.81 of Title 22 of the California Code of Regulations (titled - Criteria for Determining CRT panel glass Eligible for Disposal) apply to CRT panel glass without phosphor excluded under the CRT glass recycling law? Do any of these requirements apply to used, broken CRT panel glass?

The requirements in subsection (a)(3) and (a)(4) of section 66273.81 of Title 22 of the California Code of Regulations do not apply to CRT panel glass without phosphor excluded under the CRT glass recycling law. This is because the CRT glass recycling law contains a provision that states such glass may exceed the TTLC for barium only, which is more stringent then the aforementioned requirements in DTSC's regulations.

All other requirements in section 66273.81, including testing and the maintaining of records to demonstrate such testing was performed, apply to CRT panel glass without phosphor.

As was mentioned previously, used broken CRT panel glass(i.e., CRT panel glass that has not been processed to remove the phosphor) is not subject to the requirements of section 66273.81 of Title 22 of the California Code of Regulations., including those requirements related to testing and recordkeeping.

However, DTSC's Enforcement and Emergency Response Division (EERD) inspectors are authorized to sample and analyze used, broken CRT panel glass to ensure it meets the appropriate conditions, including the TTLC criteria for barium. If such glass is determined to exhibit a characteristic of a hazardous waste other than by exceeding the TTLC for barium, the generator of the glass is in violation of California's Hazardous Waste Control Laws (HWCLs).

The requirements in section 66273.81 can be summarized as follows:

  • The sampling of the CRT panel glass must be conducted in accordance to sampling methods described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," SW-846, 3rd edition, U.S. Environmental Protection Agency, 1986
  • Samples must be analyzed using method 1311 (TCLP), the WET method and method 3052
  • Sampling and analysis records must be maintained onsite
  • The frequency at which sampling and analysis is performed must be identified
  • Sampling and analysis procedures must be repeated if the handler is notified by DTSC or if handler has reason to believe their treatment (or separation) process has changed

4. Are there restrictions in the CRT glass recycling law on how the CRT panel glass is to be recycled?

Yes, CRT panel glass that meets the conditions to be excluded from DTSC's hazardous waste regulations and that is recycled may be currently used for only the following end uses:

  • Tiles, including floor or wall tiles
  • Fiberglass
  • Radiation shielding glass
  • Decorative glass
  • Bricks
  • Cast Concrete
  • Blasting media
  • Construction block

If the CRT panel glass is recycled in other ways than those identified above, the glass is not excluded from DTSC's hazardous waste regulations under the CRT glass recycling law.

Please note, the CRT glass recycling law provides DTSC the authority to remove an end use identified above if it determines the end use may pose environmental and/or public harm and is required to notify recyclers of the prohibition no less than 60 days prior to the effective date of the prohibition. Also, DTSC may add to the list of end uses, in consultation with CalRecycle, if the new identified end use is does not pose a risk to human health or the environment.

5. Is CRT panel glass that meets the conditions to be excluded and is recycled by one of the end uses described above subject to California's HWCL export requirements?

No, CRT panel glass that meets the conditions to be excluded and is recycled by one of the end uses is not subject to HWCL export requirements, including those applicable to excluded recyclable material.

6. Can a universal waste handler send CRTs to an out-of-state facility or foreign destination and claim the exclusion under the CRT glass recycling law for CRT panel glass subsequently generated by the out-of-state facility or foreign destination treating the CRTs?

No, a universal waste handler may not send CRTs to an out-of-state facility or foreign destination and claim the exclusion for CRT panel glass subsequently generated at such facilities. Such shipments of CRTs are regulated as hazardous waste under DTSC's UWR.