AB 1419


 

Assembly Bill (AB) 1419 (Eggman, Chapter 445, Stats. 2016)

Hazardous waste: cathode ray tube glass

AB 1419, referred to as the Cathode Ray Tube (CRT) glass recycling law in this document, amends Chapter 6.5 of the Health and Safety Code by adding section 25143.2.5 to allow for the recycling of hazardous waste CRT panel glass, by exempting the material from the Department of Toxic Substances Control's (DTSC's) hazardous waste regulations if certain conditions are met.

BACKGROUND

Electronic devices that contain a CRT (e.g. older televisions and computer monitors), also called CRT devices, are hazardous wastes because some of their components, including the CRT, contain heavy metals.As hazardous wastes, such devices are regulated under DTSC's hazardous waste regulations.In California, CRT devices are exempted from DTSC's full hazardous waste regulations when managed under DTSC's Universal Waste Rule (UWR). Under the UWR, a person may accept, accumulate and store hazardous waste CRT devices as universal waste following the requirements set forth in California Code of Regulations, title 22, division 4.5, chapter 23.

A person is also allowed to treat hazardous waste CRT devices without obtaining authorization from DTSC under the UWR.The types of allowable treatment include removing CRTs from CRT devices and/or further processing CRTs into CRT glass. Removed CRTs and CRT glass generated by such treatment that are ultimately accumulated and stored by the person are also considered hazardous waste thus regulated under DTSC's hazardous waste regulations.

Under DTSC's hazardous waste regulations, including its UWR, hazardous waste CRTs and CRT glass may be managed as universal waste or excluded recyclable material if certain conditions are met or as fully regulated hazardous waste. Additionally, under DTSC's UWR CRT panel glass may be excluded from classification as a hazardous waste when disposed of in a class II or III California lined landfill if certain conditions are met.

SUMMARY OF CRT GLASS RECYCLING LAW

The CRT glass recycling law does the following: (1) excludes hazardous waste CRT panel glass from DTSC's hazardous waste regulations if certain conditions are met, (2) defines CRTs, CRT funnel glass, CRT panel glass and CRT panel glass without phosphor, (3) identifies used, broken CRT panel glass and CRT panel glass without phosphor as types of CRT panel glass eligible for exclusion, and (4) provides conditions and requirements CRT panel glass must meet to qualify for exclusion.

CRTS, CRT FUNNEL GLASS AND THE TREATMENT OF CRTS: A CRT consists of three (3) distinct glass components - the neck and funnel, the frit and the face plate that together and intact make up a CRT. A CRT is defined as a vacuum or picture tube used to convert an electrical signal into a visual image. If a CRT is treated by being separated into its components or is further processed as a whole it is identified as CRT glass. Any glass separated from the face plate derived from the treatment of a CRT is defined as CRT funnel glass. CRT funnel glass consists of the neck, funnel and frit. CRT funnel glass is hazardous because it contains lead, a regulated hazardous constituent, at percentages that exceed DTSC's soluble threshold levels (using the Toxicity Characteristic Leaching Procedure (TCLP) and Waste Extraction Test (WET) method) and DTSC's total threshold limit concentrations (TTLC), both set forth in regulation.

CRTs and CRT funnel glass, as defined cannot qualify for exclusion under the CRT glass recycling law thus remains regulated as hazardous waste and may be managed under DTSC's UWR. Additionally, the treatment of CRTs to separate it into its components or further process it as a whole remains regulated under DTSC's UWR.

CRT PANEL GLASS AND TREATMENT: Glass separated from CRT funnel glass that is derived from the treatment of a CRT and that consists only of the face plate of a CRT containing a phosphor viewing surface is defined as CRT panel glass. CRT panel glass is hazardous because it contains barium, a regulated hazardous constituent, at percentages that exceed DTSC's total threshold limit concentration (TTLC) but does not typically exceed DTSC's soluble threshold levels. DTSC's UWR authorizes a universal waste handler to treat CRTs for the purposes of separating CRT panel glass from CRT funnel glass to ensure CRT funnel glass does not inadvertently contaminate CRT panel glass.

CRT panel glass may also contain small quantities of other regulated hazardous constituents due to its phosphor content, including zinc, cadmium and silver. Phosphor is a luminescent substance that is typically applied to the inside of the face plate (or panel) of a CRT that allows the CRT to emit light. Depending on the concentrations used by any given manufacturer, these constituents may or may not cause the CRT panel glass to exhibit a characteristic of a hazardous waste. DTSC's UWR allows a person to treat CRT panel glass in order to remove the phosphor but does not require it.

Under the CRT glass recycling law, CRT panel glass with phosphor and CRT panel glass without phosphor identified as used, broken CRT panel glass and CRT panel glass without phosphor respectively, may qualify for exclusion from DTSC's hazardous waste regulations, if certain conditions are met. CRT panel glass without phosphor is defined as CRT panel glass that has been further processed by an authorized California universal waste handler to remove the phosphor inside the face plate. The CRT glass recycling law uses the term used, broken CRT panel glass but does not define it. DTSC interprets the term to mean CRT panel glass that has not been further processed by an authorized California universal waste handler to remove the phosphor inside the face plate.

The conditions applicable to used, broken CRT panel glass and CRT panel glass without phosphor to be excluded from DTSC's hazardous waste regulations are similar. For example, CRT panel glass, regardless of its phosphor content may only be hazardous by exceeding DTSC's TTLC for barium. If the CRT panel glass is hazardous for any other reason (e.g., the CRT panel glass exceeds soluble threshold levels for regulated hazardous constituents when tested using the TCLP or WET method) it cannot qualify for exclusion. Additionally, both used, broken CRT panel glass and CRT panel glass without phosphor must be managed following certain requirements found in Title 40 of the Code of Federal Regulations (CFR) applicable to federally excluded CRTs and CRT glass when accumulated and stored onsite.

However, there are also some differences in the conditions applicable to used, broken CRT panel glass and CRT panel glass without phosphor that DTSC finds important to address. For example, used, broken CRT panel glass is not required to be sampled and analyzed as specified in DTSC's UWR (California Code of Regulations, title 22, section 66273.81) to ensure it is hazardous only for exceeding DTSC's TTLC for barium, however, CRT panel glass without phosphor is subject to such requirements. DTSC interprets this to mean a person claiming the exclusion for used, broken CRT panel glass may choose to manage the glass as an excluded material based solely on the presumption it meets the TTLC requirement or test the glass similarly to as is specified in DTSC's regulations. (See Question 3 below for more details regarding this)

Additionally, the CRT glass recycling law does not contain the condition that CRT panel glass without phosphor be recycled but does for used, broken CRT panel glass. DTSC interprets the CRT glass recycling law as requiring a person who chooses to recycle its CRT panel glass without phosphor must do so by using one of the end uses identified in Health and Safety Code, section 25143.2.5(d).The end uses must also be used when recycling used, broken CRT panel glass.

Please note, CRT panel glass as defined that is recycled through CRT glass manufacturing or lead smelting, or is disposed of in class II or III California lined landfill cannot qualify for exclusion under the CRT glass recycling law but instead may be managed under DTSC's UWR.

The effective date of the CRT glass recycling law is January 1, 2017.

For more details regarding this law see the Frequently Asked Questions (FAQs) page