electronic and universal waste regulations · 2015-03-18 · electronic and universal waste...
TRANSCRIPT
Electronic and
Universal Waste Regulations
Derek Boer
Colorado Department of Public Health and Environment
Hazardous Materials and Waste Management Division
303-692-3329
Regulatory Scope
E-waste is regulated as both a solid waste and a hazardous waste
Exemptions for generators when e-waste is recycled and managed
appropriately
Solid waste:
• Non-hazardous
• Household hazardous
• Recycling and beneficial use
Hazardous waste:
• Hazardous
• Commercial/government & co-mingled w/ household
• Under Universal Waste regulations, or
under full Hazardous Waste regulations
• Typically recycler makes the waste determination
Under Solid Waste – recyclable material
• Section 8.2 – as recyclable material generators
• Exempt from registration and reporting requirements if material is
sent to a registered recycling facility in Colorado
• Register and annual report if material goes out-of-state
• Recyclable material collected and managed at a rate to prevent an
overflow from containers
Solid Waste
• Minimize the potential for release of ground water contaminants,
dust, odors, or nuisance conditions
• Compliance with health laws and regulations, Water and Air quality
control, and local laws
• Facilities must be fenced or secured
• Closure requirements
Universal vs Hazardous Waste
• Universal waste is hazardous waste
• Universal waste is less stringent set of regulations
• Q: Is all electronic waste considered universal waste?
A: No, if it’s not hazardous – then it’s a it’s solid waste.
Solid waste
Hazardous Waste
Universal
Waste
As a Hazardous Waste…
What is e-waste?Desktop towers Printers
CRT monitors Terminals
Laptops Mainframes
Computer peripherals Keyboards/mice
Cell phones Televisions
What is Hazardous E-Waste?
• Electronic equipment or components that contain circuit
boards or other complex circuitry
• Fails “TCLP” analytical test = a hazardous waste
(Toxicity Characteristic Leaching Procedure)
• TCLP test simulates conditions in MSW landfill, and tests for
8 metals
• For electronics - lead, mercury, cadmium, and chromium
are the drivers
Generator knowledge to make the call
• You can use generator knowledge of a waste, you don’t have to run
TCLP on every device
• Generators and handlers often make assumption that electronics are
hazardous
• Cheaper, easier, more efficient
• Doesn’t change where the material goes
• Doesn’t add a great regulatory burden
Role of Recycler in Determination
• Device must first be a waste to be regulated
as a universal waste
• Electronics that will be refurbished,
resold, or reused are still a product
• Usually the recycler makes the call
Sham Product Argument
• Stored in lieu of disposal
• Is it being managed as a product? That has value?
Universal Waste Handlers
Any facility that generates or manages universal wastes is
called a “handler”
Small quantity handler
<5,000 kg universal wastes onsite at one time
Large quantity handler
≥5,000 kg universal waste onsite at one time
Requirements for Handlers
Same for both handler classifications except LQHs must also:
• Notify and obtain EPA ID #
• Keep records of universal waste shipped to/from facility
Requirements for Handlers
• No onsite disposal
• No disposal to trash
• No treatment/processing except as provided in the universal
waste rules
Universal waste remains subject to full hazardous waste
regulations
Requirements for Handlers
These requirements also apply to 5 other universal wastes*:
1. Batteries (NiCad, lithium, silver-oxide, mercury-oxide)
2. Lamps (fluorescent, CFLs, HID – contain mercury/reactive)
3. Aerosol cans (that contain hazardous contents)
4. Mercury-containing devices (switches, barometers)
5. Some pesticides (recalled or collected through program)
* there are minor differences in the requirements
Requirements for All Handlers
• Manage material in a way that prevents release to the environment
• Accumulation time - one year
• Immediately contain all releases and residues from universal wastes.
Containers
• Must contain devices, or components in containers
• Structurally sound, adequate to prevent breakage, and compatible
• No leakage or spillage
• Immediately clean up broken components, containerize
• Do not have to be closed (only e-waste)
Apply to All Handlers
• Labels
“Used - material type,”
“Waste - material type,” or
“Universal Waste - material type”
• Label individual wastes or accumulation container
Apply to all Handlers
• Limited treatment allowed
• Disassembly of electronic devices
• Shredding hard drives
• For other UW – puncturing aerosols and crushing lamps
Treatment Requirements
• Develop a written procedure, train staff to follow it
• Operation and maintenance
• Precautions to protect workers
• Waste management and disposal
• Transfer waste to a proper container
• Prevent releases, maintain appropriate spill kit and know how/when
to use
Training
• All employees are thoroughly familiar with proper waste handling
and emergency procedures, relative to their responsibilities during
normal facility operations and emergencies.
• Suggest documentation
Apply to All Handlers
• Must ship to another universal waste handler or to destination
facility
• Destination facility = treatment, disposal or recycling facility
Subject to hazardous waste permitting requirements, and SW
recycling regulations
• Receiving handler must agree to receive shipment prior to
shipping
Universal Waste Transporters
Requirements apply to anyone who transports regulated universal
waste
• No onsite disposal
• No disposal to trash
• Comply with DOT requirements (49 CFR 171-180)
• No treatment or diluting
• 10-day transfer
• Contain/clean-up releases
Department of Transportation
• Universal wastes are usually not DOT hazardous materials
• Hazardous material shipper requirements:
• Identify shipping name, class/division, ID number, hazard
warning label
• Packaging requirements
• Employee Training
• Shipping Papers
• Emergency Response Information
• Certification
• Placarding
• Security Plan
• Incident Plan
Universal Waste Exports
• If ship to non-OECD countries
• Notification of intent to export to EPA
• Annual report to EPA
• Recordkeeping – copies of each Notification of intent,
EPA Acknowledgment of Consent, each confirmation of
delivery, and each annual report for 3 years
• Export only upon consent of receiving country and in
conformance with EPA Acknowledgment of Consent
• Provide EPA Acknowledgment of Consent to transporter
Large Quantity Handlers
• Notify Department and obtain an EPA ID #
• No fee with notifying
• One time
Large Quantity Handlers
Tracking
• Keep record of each shipment of UW received/sent
Log, invoice, manifest, bill of lading, or other shipping document
Name, address, quantity of each waste, date
• Keep records for three years from shipment date
Benefits Over HW Regulations
• Less stringent requirements
• Not required to count UW toward monthly HW generator total
• Not required to use hazardous waste manifest
• Not required to use hazardous waste transporter
Industry and certifications
• e-Stewarts Certification – started by Basel Action Network (BAN)
• R2 Solutions – sponsored by the EPA