§ 66273.75. Treatment (Processing) Standards.

A universal waste handler who treats electronic devices, residual printed circuit boards, and/or CRTs pursuant to section 66273.73 shall comply with the following standards:

(a) Treatment.

The universal waste handler shall:

(1) Utilize only treatment methods identified in section 66273.73, subsection (c);

(2) Ensure that all mercury-containing lamps, PCB capacitors, and other components containing fluids (i.e., liquids or gases) that would be identified as hazardous wastes, are removed prior to treatment methods that may release the fluids such as cutting, sawing, breaking, shredding, crushing, grinding, screening, sieving, acceleration, or compacting;

(3) Conduct treatment activities over, or in, a containment device (e.g., a tray, a box, a workbench, a table, or an enclosed machine) sufficient in size and construction to contain any materials that might be released to the environment under reasonably foreseeable conditions.

(4) Ensure that all hazardous wastes generated from treatment activities and sent offsite for disposal are managed (i.e., manifested) in accordance with the applicable requirements of article 2 of chapter 12 of this division.

(5) Comply with the requirements of sections 66265.18 and 66265.25 of chapter 15 of this division to the extent that those requirements apply to facility location and design standards.

(6) Ensure that all treatment is conducted in compliance with all applicable state and local air pollution control laws and regulations.

(7) Treat electronic devices that are not CRT devices and/or residual printed circuit boards only for the purpose of recycling one or more of their components.

(8) For disposal of CRT panel glass at a class II or class III landfill pursuant to this section and article 8 of this chapter:

(A) Separate CRT panel glass from CRT funnel glass; and

(B) Remove all phosphor powders from the CRT panel glass.

(9) Not accept for treatment, any electronic devices or CRTs that are managed, or that are required to be managed, as hazardous wastes pursuant to chapters 10 through 16, 18, 20 and 22 of this division, unless authorized to do so pursuant to a hazardous waste facility permit or other authorization granted by the Department pursuant to those chapters.

(b) Containment of residuals.

(1) The universal waste handler shall manage all residuals produced from treating electronic devices, residual printed circuit boards, and/or CRTs, in a manner that prevents a release to the environment of any universal waste or any component thereof, as follows:

(2) Contain any residuals that are produced from treating electronic devices, residual printed circuit boards, and/or CRTs, in a manner that prevents releases of hazardous residuals to the environment under reasonably foreseeable conditions.

(3) Clean up and immediately place in a container any electronic device, residual printed circuit board, and/or CRT that is accidentally or unintentionally broken and that might reasonably be expected to cause a release to the environment under reasonably foreseeable conditions. Such containers shall be structurally sound, be compatible with the contents of the electronic devices, residual printed circuit boards, and/or CRTs, and prevent releases under reasonably foreseeable conditions.

(4) Until the determination pursuant to subsection (c)(1)(C) of this section is made that residual printed circuit boards and/or the residuals thereof are exempt scrap metal, these materials shall be managed in containers labeled with the following phrase: “Residual Printed Circuit Boards” or “Residual Printed Circuit Board Materials,” as appropriate.

(c) Management of residuals other than CRT glass.

(1) A universal waste handler shall perform a hazardous waste determination pursuant to section 66262.11 for all residuals resulting from the activities authorized by section 66273.73, and shall:

(A) Be deemed the generator of all residuals that are hazardous waste.

(B) For all residuals that are hazardous wastes, comply with all the applicable requirements of chapters 12, 14, 15, 16, 18, 20, 22 and 23 of this division and the applicable notification requirements in Health and Safety Code section 25153.6, except as otherwise provided in subsection (c)(1)(C) of this section.

(C) Notwithstanding section 66261.3, subsection (c) and section 66262.11, subsection (d), a universal waste handler who is deemed the generator of a residual that is a hazardous waste pursuant to subsection (c)(1) of this section may manage that hazardous waste residual pursuant to any applicable chapter 11 exclusion or exemption [e.g., the scrap metal exclusion provided in § 66261.6, subsec. (a)(3)(B)].

(D) Except as allowed pursuant to subsection (c)(1)(C) of this section, a universal waste handler who conducts further treatment on any residual that is a hazardous waste resulting from any activity authorized by this section shall not conduct such treatment, nor use any treatment method, unless that person obtains a hazardous waste facility permit or other form of authorization from the Department.

(2) A universal waste handler shall ensure that all treatment residuals meeting the definition of scrap metal in section 66273.9 are recycled.

(d) Worker safety.

(1) A universal waste handler, who treats electronic devices, residual printed circuit boards, and/or CRTs, shall be thoroughly familiar with the hazards associated with such treatment, have access to the proper procedures and protective equipment necessary to conduct the treatment safely, use such protective equipment if required by any applicable health and safety requirements, and comply with the requirements of this section;

(2) A universal waste handler, who treats electronic devices, residual printed circuit boards, and/or CRTs, shall ensure that the universal waste handler's facility is operated in compliance with all applicable health and safety laws and regulations [e.g., Cal. Code Regs., tit. 8, ch. 4 (Division of Industrial Safety), subch. 7 (General Industry Safety Orders), group 16 (Control of Hazardous Substances), art. 107 (Dusts, Fumes Vapors and Mists), and art. 109 (Hazardous Substances and Processes), and sec. 5198 (Lead)].

(e) Zoning.

(1) A universal waste handler, who treats electronic devices, residual printed circuit boards, and/or CRTs using any of the methods allowed pursuant to this section, shall ensure that such treatment is consistent with local zoning requirements and land use patterns applicable to the universal waste handler's facility.

(f) Management of CRT glass.

(1) A universal waste handler shall ensure that the CRT glass generated from treatment pursuant to section 66273.73 is recycled or disposed.

(2) For disposal of CRT panel glass generated pursuant to subsection (a)(8) of this section in a class II or class III landfill pursuant to article 8 of this chapter, a universal waste handler shall:

(A) Manage the CRT panel glass and the CRT funnel glass as separate and discrete waste streams and not allow any commingling of these two types of glass;

(B) Within 30 days of initially generating CRT panel glass and before disposing of any CRT panel glass in a class II or class III landfill, determine that the CRT panel glass meets the criteria specified in section 66273.81 and repeat the determination thereafter, as required by section 66273.81;

(C) Until the determination described in subsection (f)(2)(B) of this section is made, manage the CRT panel glass in accordance with the requirements of section 66273.82;

(D) Upon making the determination required by subsection (f)(2)(B) of this section, manage the CRT panel glass pursuant to article 8 of this chapter; and

(E) If the universal waste handler determines that the CRT panel glass does not meet the criteria specified in subsection (f)(2)(B) of this section, immediately manage the CRT panel glass pursuant to subsection (f)(3) of this section.

(3) A universal waste handler shall ship the accumulated CRT glass for reclamation at a CRT glass manufacturer or at a primary or secondary lead smelter, or determine that it is to be recycled by other means or disposed at a class I landfill.

(4) Upon determining that the CRT glass is destined for recycling by means other than reclamation of CRT glass at a CRT glass manufacturer or primary or secondary lead smelter pursuant to subsection (f)(3) of this section, and notwithstanding subsection (c) of section 66261.3, a universal waste handler shall be deemed the generator of hazardous waste CRT glass, and shall determine if the CRT glass is a recyclable material excluded from regulation as hazardous waste pursuant to subdivision (b) or (d) of Health and Safety Code section 25143.2, as required by subsection (a) of section 66262.11:

(A) If the universal waste handler determines that the CRT glass is a recyclable material excluded from regulation as hazardous waste pursuant to subdivision (b) or (d) of Health and Safety Code section 25143.2, the handler may either proceed to manage the CRT glass as an excluded recyclable material or apply to the Department for concurrence with the universal waste handler's determination through the application procedure set forth in article 9 of this chapter before managing the CRT glass as an excluded recyclable material. A universal waste handler who incorrectly determines that CRT glass is an excluded recyclable material and fails to manage the CRT glass as fully regulated hazardous waste is in violation of the requirements of this division and is subject to enforcement action.

(B) If the universal waste handler chooses to obtain the Department's concurrence, the handler shall submit an application to the Department which includes all information required by subsection (a)(1) of section 66273.91. Pending concurrence by the Department pursuant to article 9 of this chapter, the universal waste handler shall manage the CRT glass as hazardous waste in accordance with all applicable requirements in chapters 12 through 16, 18, 20 and 22 of this division, except as provided in subsection (f)(4)(C) of this section.

(C) Notwithstanding subsections (a) and (c) of section 66262.34 of chapter 12 of this division, a universal waste handler who applies for the Department's concurrence may accumulate the CRT glass onsite without a permit for no more than 90 days after the universal waste handler receives notification of the Department's disapproval of the application pursuant to subsection (h) of section 66273.91 of this chapter.

(D) If the universal waste handler or the Department determines that the CRT glass is not a recyclable material excluded from regulation as hazardous waste pursuant to subdivision (b) or (d) of Health and Safety Code section 25143.2, the handler shall manage the CRT glass as hazardous waste in accordance with all applicable requirements in chapters 12 through 16, 18, 20 and 22 of this division.

(5) Upon determining that the CRT glass is destined for disposal pursuant to subsection (f)(3) or (f)(4)(D) of this section, a universal waste handler shall be deemed the generator of hazardous waste CRT glass and:

(A) Manage the CRT glass as a hazardous waste in accordance with all applicable requirements in chapters 12 through 16, 18, 20 and 22 of this division; and

(B) Upon request, submit to the Department the following information:

1. The quantity of CRT glass to be disposed in the current calendar year;

2. The quantity of CRT glass recycled in the previous calendar year;

3. The quantity of CRT glass generated in the previous calendar year;

4. The technological, economic or other reasons for not recycling the CRT glass, taking into account relevant factors, which may include, but is not limited to:

(i) the quantity of CRT glass available for recycling;

(ii) any chemical, physical or other properties of the CRT glass that might affect its recyclability;

(iii) the treatment required in recycling the CRT glass and the availability of and cost of suitable treatment technology;

(iv) the marketability of CRT glass for recycling, including current market prices for lead; and

(v) any information pertaining to facilities that could have potentially recycled the CRT glass that influenced the universal waste handler's decision to dispose of the CRT glass.

5. any other information the Department determines is necessary to demonstrate that the CRTs cannot be recycled, including, but not limited to, the documentation on which the handler's section 66273.75(f)(5)(B)4 submittal is based.

(6) For reclamation at a CRT glass manufacturer or primary or secondary lead smelter, a universal waste handler shall:

(A) If the CRT glass will be passing through an intermediate facility, prior to arranging for transport of the CRT glass to the intermediate facility make contractual arrangements with the intermediate facility to ensure that the CRT glass is sent to the CRT glass manufacturer or primary or secondary lead smelter identified by the universal waste handler.

(B) Submit to the Department upon request the following information:

1. The name, address and telephone number of the transporter;

2. The name and address of the CRT glass manufacturer or primary or secondary lead smelter;

3. If the CRT glass will be passing through an intermediate facility for management, the name, address and telephone number of the intermediate facility;

4. For intermediate facilities in the United States, the type of intermediate facility;

5. A copy of the contractual arrangements between the universal waste handler and the intermediate facility made pursuant to subsection (f)(6)(A) of this section, if applicable;

6. The quantity of CRT glass in each shipment; and

7. Confirmation receipts from the CRT glass manufacturer or primary or secondary lead smelter that the CRT glass was received.

(7) A universal waste handler shall comply with article 10 of this chapter for documents or information that the universal waste handler submits to the Department pursuant to subsections (f)(5)(B) or (f)(6)(B) of this section and for which the universal waste handler asserts a claim of trade secret protection.

(8) Notwithstanding subsection (a) of section 66273.35, if on October 15, 2012 the universal waste handler has accumulated CRT glass for longer than six months, the universal waste handler shall meet the requirements as specified in subsection (f)(3) of this section on or before April 13, 2013.

HISTORY

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

2. Amendment of section and 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, 25173, 25201, 25212, 25214.9, 25219, 25219.1 and 25219.2, Health and Safety Code; Sections 42479, Public Resources Code.