Diverting Products from Landfills:

California’s Evolving Universal Waste Rules

Title 22, California Code of Regulations, chapter 23

André Algazi, Chief Consumer Products Section Department of Toxic Substances Control (DTSC) EHSICC – Santa Rosa – September 12, 2012

What we’re going to cover...

n What is universal waste? nWhen and how EPA and DTSC regulations

have diverged n California’s universal waste categories n Overview of California’s rules n EPR and other strategies to divert UW from

landfills n Cell Phone Recycling Act

What is Universal Waste?

Universal Wastes are Hazardous Wastes...

Universal Wastes are Hazardous Wastes that...

n Are widely generated by all sectors of society—

industry, small businesses, offices, consumers, ... n Pose relatively lower risks to human health and

the environment than industrial hazardous waste (they’re still hazardous wastes)

n Can be safely managed under reduced, performance-based management requirements in lieu of the prescriptive rules for most HW

Where Universal Waste Fits in...

E-Waste

Household Hazardous

Waste

Universal Waste

Hazardous Waste

(Solid) Waste

Universal Waste Milestones

n 1995: Final EPA universal waste rule for batteries, pesticides, and thermostats

n 1999: EPA adds lamps to its UWR n 2000: DTSC adopts UWR as emergency

regulations for batteries, lamps and thermostats (not pesticides)

n 2002: DTSC adopts its final UWR n 2003: DTSC adopts its final E-Waste Rule and

adds 10 mercury-containing UWs

Universal Waste Timeline

n 2005: EPA adds “mercury-containing equipment” (including thermostats) to the federal UWR

n 2006: EPA Final CRT Rule—not UW n 2009: DTSC Consolidated UW/E-Waste

Regulations n Small Quantity Handler abolished n New category “mercury-containing equipment”

for consistency with EPA n 2012: DTSC proposes new recycling and

disposal options for CRTs and glass

Universal Waste Timeline

1993

EPA proposes

the universal

waste rule

EPA final rule for batteries, pesticides,

and thermostats

EPA adds “lamps” to UWR

2000

DTSC UWR

emergency regulations

DTSC adds CRTs, CRT

devices, and “consumer electronic devices”

EPA adds mercury-containing

equipment to UWR

2002

EPA rule conditionally

excludes CRTs and CRT glass

DTSC Final Consolidated

Universal Waste

Regulations

DTSC proposes changes

for universal waste CRTs

and CRT glass

2012

1995

1999 2002 2005

2009

DTSC final UWR

2003

DTSC final E-Waste and Hg Rules

So, what’s different between EPA’s UWR and California’s?

n Different categories: n California has electronic devices, CRTs,

CRT glass n California’s UW rules allow more extensive

treatment of e-waste by UW handlers than is allowed for other UWs

n USEPA has pesticides

So, what’s different between EPA’s UWR and California’s?

n California captures household, CESQG universal wastes n No exemption/exclusion

n California’s toxicity characteristic and mercury listings capture wastes that are non-hazardous under RCRA

n Some differences in requirements

California’s UWR no longer includes Large and Small Quantity Handlers

n RCRA Small Quantity Handler: n Same prohibitions and accumulation time

limits as for LQG (no treatment, no disposal) n >1 year if necessary to “... facilitate proper

recovery, treatment, or disposal”

n Less extensive employee training n No EPA identification number requirement n No requirement to track shipments

Batteries Fluorescent tubes (lamps) Electronic devices

Cathode ray tubes (CRTs) Mercury Devices Non-Empty Aerosol Cans

Mercury Containing Equipment

n Motor vehicle switches n Thermometers n Dilators and weighted tubing n Gas flow regulators

Manometers Barometers

Vehicle- switches

Thermostats

Not Universal Waste...

n Spent automotive-type lead-acid batteries Ü Hazardous waste

n Electronic devices, lamps, and mercury-containing equipment that are destined for disposal ÜHazardous waste

n Items destined for re-use or continued use without refurbishment or after refurbishment (e.g., some used cell phones) ÜNot waste ÜThis can get a bit tricky...

A Universal Waste Handler is any of These...

n The generator of a universal waste n The owner or operator of a facility that receives

universal waste from other handlers, accumulates it, and sends it ...

n The owner or operator of a facility who is authorized conduct “treatment” under article 7 of the UW regulations (i.e., removal of components, disassembly, processing)

Overview of Universal Waste Handler Requirements

n Very limited “treatment” and no disposal

n Notification (Identification Number) for handlers that accumulate ≥ 5,000 kg

n Mange UW in a manner that prevents breakage, releases to the environment

n Specific labeling/marking requirements

n Accumulate UW ≤ 1 year

Overview of Universal Waste Handler Requirements

n Provide personnel Training

n Immediately respond to releases

n Follow rules for offsite shipments

n Tracking: keep a record of all shipments sent and received ≥ 3 years

Extra Requirements for Handlers of Electronic Devices, CRTs, CRT Glass

n Notify DTSC at least 30 days prior to accepting from an offsite source

n Annual reporting required for a UW handler that: n Accepts in a calendar year more than 100

kilograms (220 pounds) of electronic devices, CRTs, and CRT glass, combined, from offsite sources

n Generates ≥5,000 kg (11,000 lbs.) of electronic devices, CRTs, and CRT glass, combined

E-Waste Handlers may Conduct Offsite Treatment Without a Permit

n Handlers of Electronic Devices, CRTs, and CRT Glass may: n Remove “discrete assemblies” n Dismantle devices Ü Requires additional notification and annual

report n Process devices, residuals, CRT, and glass Ü Notification, annual report Ü Requires a closure plan, cost estimate, and

financial mechanisms if the processing will produce a hazardous waste residual

n Limited disposition options

Transportation; Treatment, Storage, Disposal

n Universal waste transporters are: n Exempt from transporter registration, use of manifest

n Subject to DOT hazardous materials rules

n Required to immediately respond

n Destination Facilities: n Are fully regulated as hazardous waste facilities

n In California, must obtain a hazardous waste facility permit

The Universal Waste Regulations Make Possible...

n Retailer take-back programs: n Mandatory, like rechargeable batteries

and cell phones n Voluntary, like battery and CFL take-

back programs at Ikea, Ace Hardware, Orchard Supply, etc.

Approaches to Diverting Universal Waste from Landfills...

The Universal Waste Regulations Make Possible...

n EPR programs n Statewide, like the one mandated by

the Mercury Thermostat Collection Act n Regional, like San Luis Obispo’s EPR

ordinances for a variety of products n State administered programs, like the

Electronic Waste Recycling Act

Elements needed to achieve and measure success...

n Simple rules (e.g., universal waste) n Funding source (for UW with little/no

value) n Data/metrics n Performance requirements

Challenges to Diverting Universal Waste from Landfills

n Costs of collection, transportation, recycling/disposal: n Some universal wastes have little commodity

value n Measuring success n No “cradle-to-grave” tracking of universal

wastes via HW manifests n Little/no data on disposal rates n Sales data can sometimes be used as a

surrogate

A few words about extended producer responsibility (EPR)

n A “… policy approach in which producers accept significant responsibility (financial and/or physical) for the treatment or disposal of post-consumer products.”

n Premise: holding manufacturers financially responsible for end of life management provides an incentive to eliminate or reduce toxic substances

A few words about extended producer responsibility (EPR)

n EPR provides manufacturers with the flexibility to create a system that meets their needs

n Direct take back for reuse, remanufacturing, or recycling or contract with a third party organization (TPO) n The TPO could be a non-profit, a retailer, or

even local government

AB 2901: Cell Phone Recycling Act of 2004

n Retailers must “... have in place, and promote, a system for accepting and collecting used cellular phones for reuse, recycling or proper disposal.” Specifically, a retailer must: n Take back used cell phones at no cost

that a consumer obtained from the retailer

AB 2901: Cell Phone Recycling Act of 2004

n Retailers must… n Take back used cell phones obtained

anywhere when a consumer buys a new cell phone

n Provide a mechanism for the return of cell phones delivered directly to a consumer (e.g., by mail)

n Publicize the cellular phone recycling opportunities

AB 2901: Cell Phone Recycling Act of 2004

n DTSC required to post on the Web California’s estimated cell phone recycling rate

n Data limitations—the law does not require: n Retailers to report the number of cell

phones collected for recycling n Manufacturers to report cell phone

sales data

Cell Phone Collection Data

Status of used cell phones under DTSC’s rules

n Depends on whether they are a “waste” n If they exhibit a hazardous waste characteristic

(e.g., toxicity), they may be hazardous waste n As universal waste “electronic devices” they

can be accepted without a permit, transported without a manifest

n Limited treatment (e.g., dismantling, separating components, even crushing or shredding) without a permit

Thank You!

André Algazi Office of Pollution Prevention and Green Technology Department of Toxic Substances Control aalgazi@dtsc.ca.gov (916) 324-3114