§ 66273.73. Authorization for Treatment (Processing) Activities.

(a) Treatment of electronic devices.

(1) A universal waste handler described in subsection (a)(1)(A) of this section shall be deemed authorized by the Department to conduct the activities identified in subsection (a)(1)(B) of this section, provided the universal waste handler complies with the requirements specified in subsections (a)(1)(B) and (a)(1)(C) of this section.

(A) The universal waste handler treats electronic devices and/or residual printed circuit boards for which the handler is deemed to be the generator pursuant to sections 66273.71 and/or 66273.72 and produces only residuals that, if they exhibit any hazardous waste characteristic described in article 3 of chapter 11 of this division, will meet either of the following criteria when managed pursuant to section 66273.75, subsection (c):

1. They meet the definition of scrap metal in section 66273.9; or

2. They qualify for management as universal wastes pursuant to this chapter.

(B) The universal waste handler treats electronic devices and/or residual printed circuit boards for which the handler is deemed to be the generator pursuant to sections 66273.71 and/or 66273.72 by conducting activities other than, or in addition to, the removal activities authorized in section 66273.71 or the disassembling/draining activities authorized by section 66273.72, and using only one or more of the methods allowed pursuant to subsection (c) of this section.

(C) The universal waste handler complies with all of the following requirements in addition to the requirements of section 66273.33.5, subsection (a)(1):

1. The notification, annual reporting, and recordkeeping requirements specified in section 66273.74; and

2. The standards specified in section 66273.75.

(2) A universal waste handler described in subsection (a)(2)(A) of this section shall be deemed authorized by the Department to conduct the activities identified in subsection (a)(2)(B) of this section, provided the universal waste handler complies with the requirements specified in subsections (a)(2)(B) and (a)(2)(C) of this section.

(A) The universal waste handler treats electronic devices and/or residual printed circuit boards for which the handler is deemed to be the generator pursuant to sections 66273.71 and/or 66273.72 and produces any residual that exhibits a hazardous waste characteristic described in article 3 of chapter 11 of this division when managed pursuant to section 66273.75, subsection (c) and meets both of the following criteria:

1. It does not meet the definition of scrap metal in section 66273.9; and

2. It does not qualify for management as universal wastes pursuant to this chapter.

(B) The universal waste handler treats electronic devices and/or residual printed circuit boards for which the handler is deemed to be the generator pursuant to sections 66273.71 and/or 66273.72 by conducting activities other than, or in addition to, the removal activities authorized in section 66273.71 and the disassembling/ draining activities authorized in section 66273.72, and using only one or more of the methods allowed pursuant to subsection (c) of this section.

(C) The universal waste handler complies with all of the following requirements in addition to the requirements of section 66273.33.5, subsection (a)(1):

1. The notification, annual reporting, and recordkeeping requirements specified in section 66273.74;

2. The standards specified in section 66273.75;

3. The closure plan and financial requirements specified in section 66273.76; and

4. When applicable, the closure requirements specified in section 66273.77.

(b) Treating CRTs and/or CRT glass.

A universal waste handler described in subsection (b)(1) of this section shall be deemed authorized by the Department to conduct the activities identified in subsection (b)(2) of this section, provided the universal waste handler complies with the requirements specified in subsections (b)(2) and (b)(3) of this section.

(1) The universal waste handler treats CRTs, breaking the CRTs' glass.

(2) The universal waste handler treats CRTs by: conducting activities other than, or in addition to, the disassembling/ draining activities authorized by section 66273.72, subsections (b) or (c); and using only one or more of the methods allowed pursuant to subsection (c) of this section.

(3) The universal waste handler complies with all of the following requirements in addition to the requirements of section 66273.33.5, subsection (b)(1) and section 66273.33.5, subsection (c)(1):

(A) The notification, annual reporting, and recordkeeping requirements specified in section 66273.74;

(B) The standards specified in section 66273.75;

(C) The closure plan and financial requirements specified in section 66273.76; and

(D) When applicable, the closure requirements specified in section 66273.77.

(c) Electronic device, CRT, and residual printed circuit board treatment methods allowed.

(1) Except as otherwise provided in subsection (c)(2) of this section, one or more of the following treatment methods is eligible for authorization pursuant to this section, if performed by a universal waste handler described in subsections (a) and/or (b) of this section:

(A) Physical treatment that changes only the physical properties of electronic devices, residual printed circuit boards, and/or CRTs, such as cutting, sawing, breaking, shredding, crushing, grinding, screening, sieving, acceleration, or compacting (e.g., screening to separate different particle sizes of the same component);

(B) Physical separation based on differences in physical properties such as size, color, density, or ferromagnetism (e.g., screening to separate different components based on differences in their sizes);

(C) Use of a pinpoint torch or hot wire to check (i.e., thermally crack) CRTs for glass separation;

(D) Sampling, burning (ashing) and ball-milling of samples of electronic devices and/or treatment residues thereof [i.e., shredded circuit boards excluded under 40 C.F.R. sec. 261.4(a)(13)] provided the sample size does not exceed 250 kg, and no more than 250 kg (one sample) is subject to thermal assay per 24 hour period; and/or

(E) Physical separation of CRT panel glass from CRT funnel glass for the purpose of qualifying CRT panel glass for recycling by other means or disposal in a class II or class III landfill pursuant to article 8 of this chapter.

(2) Any treatment activity identified in subsection (c)(1) of this section is not eligible for authorization pursuant to this article, but is instead subject to all applicable requirements of chapters 14, 15, 16, 18, 20, and 22 of this division, if the treatment activity involves:

(A) The use or application of:

1. Chemicals, including water, other than coolant recirculated in CRT cutting machines; and/or

2. External heat.

(B) Except as specifically provided in subsection (c)(1)(D), the onsite treatment of the residuals resulting from the activities authorized by section 66273.73, subsection (a)(1) or (a)(2).

(C) The treatment of any electronic device containing PCBs, a medical waste, a radioactive material, a reactive material, or an ignitable material.

(d)(1) Notwithstanding subsections (a)(1)(B), (a)(2)(B) and (b)(2) of this section, the authorizations provided in this section shall not be required for a handler who recycles scrap metal, including printed circuit boards produced by an authorized handler.

(2) As used in this subsection, “printed circuit boards produced by an authorized handler” means residual printed circuit boards that a handler has:

(A) derived from electronic devices by completing treatment authorized under this article,

(B) containerized and labeled pursuant to section 66273.75, subsection (b), and

(C) subsequent to the authorized treatment, determined to be exempt scrap metal pursuant to section 66273.71, subsection (e), section 66273.72, subsection (a)(3), or section 66273.75, subsection (c)(1)(C).

HISTORY

1. New section filed 2-4-2009; operative 2-4-2009 (Register 2009, No. 6).

2. Amendment of subsections (c)(1)(C)-(D), new subsection (c)(1)(E) and amendment of Note filed 10-15-2012 as an emergency; operative 10-15-2012 (Register 2012, No. 42). Pursuant to Health and Safety Code section 25214.10.2, this emergency regulation shall remain in effect for a period of two years or until revised by the department, whichever occurs sooner.

Note

Note: Authority cited: Sections 25141, 25141.5, 25143.2, 25150, 25201, 25214.9, 25214.10.2, 25219.1 and 58012, Health and Safety Code; and Section 42475, Public Resources Code. Reference: Sections 25141, 25141.5, 25143.2, 25150, 25159.5, 25201, 25212, 25214.9, 25219, 25219.1 and 25219.2, Health and Safety Code.