Ala. Admin. Code r. 335-14-2-.05 - Exclusions/Exemptions
(1) Conditional
exclusion for used, broken cathode ray tubes (CRTs) and processed CRT glass
undergoing recycling. Used, broken CRTs are not solid wastes if they meet the
following conditions:
(a) Prior to
processing: These materials are not solid wastes if they are destined for
recycling and if they meet the following requirements:
1. Storage. The broken CRTs must be either:
(i) Stored in a building with a roof, floor,
and walls, or
(ii) Placed in a
container (i.e., a package or a vehicle) that is constructed, filled, and
closed to minimize releases to the environment of CRT glass (including fine
solid materials).
2.
Labeling. Each container in which the used, broken CRT is contained must be
labeled or marked clearly with one of the following phrases: ''Used cathode ray
tube(s) -contains leaded glass'' or ''Leaded glass from televisions or
computers.'' It must also be labeled: ''Do not mix with other glass
materials.''
3. Transportation. The
used, broken CRTs must be transported in a container meeting the requirements
of 335-14-2-.05(1)(a)1.(ii) and
(a)2.
4. Speculative accumulation and use
constituting disposal. The used, broken CRTs are subject to the limitations on
speculative accumulation as defined in
335-14-1-.02. If they are used in
a manner constituting disposal, they must comply with the applicable
requirements of
335-14-7-.03 instead of the
requirements of
335-14-2-.05(1).
5. Exports. In addition to the applicable
conditions specified in
335-14-2-.05(1)(a)1.
- 4., exporters of used, broken CRTs must comply with the following
requirements:
(i) Notify EPA of an intended
export before the CRTs are scheduled to leave the United States. A complete
notification should be submitted sixty (60) days before the initial shipment is
intended to be shipped off-site. This notification may cover export activities
extending over a twelve (12) month or lesser period. The notification must be
in writing, signed by the exporter, and include the following information:
(I) Name, mailing address, telephone number
and EPA ID number (if applicable) of the exporter of the CRTs.
(II) The estimated frequency or rate at which
the CRTs are to be exported and the period of time over which they are to be
exported.
(III) The estimated total
quantity of CRTs specified in kilograms.
(IV) All points of entry to and departure
from each foreign country through which the CRTs will pass.
(V) A description of the means by which each
shipment of the CRTs will be transported [e.g., mode of transportation vehicle
(air, highway, rail, water, etc.), type(s) of container (drums, boxes, tanks,
etc.)].
(VI) The name and address
of the recycler or recyclers and the estimated quantity of used CRTs to be sent
to each facility, as well as the names of any alternate recyclers.
(VII) A description of the manner in which
the CRTs will be recycled in the foreign country that will be receiving the
CRTs.
(VIII) The name of any
transit country through which the CRTs will be sent and a description of the
approximate length of time the CRTs will remain in such country and the nature
of their handling while there.
(ii) Notifications must be submitted
electronically using EPA's Waste Import Export Tracking System (WIETS), or its
successor system.
(iii) Upon
request by EPA, the exporter shall furnish to EPA any additional information
which a receiving country requests in order to respond to a
notification.
(iv) EPA will provide
a complete notification to the receiving country and any transit countries. A
notification is complete when EPA receives a notification which EPA determines
satisfies the requirements of
335-14-2-.05(1)(a)5.(i)
of this section.
(v) The export of
CRTs is prohibited unless the receiving country consents to the intended
export. When the receiving country consents in writing to the receipt of the
CRTs, EPA will forward an Acknowledgment of Consent to Export CRTs to the
exporter. Where the receiving country objects to receipt of the CRTs or
withdraws a prior consent, EPA will notify the exporter in writing. EPA will
also notify the exporter of any responses from transit countries.
(vi) When the conditions specified on the
original notification change, the exporter must provide EPA with a written
renotification of the change using the allowable methods listed in
335-14-2-.05(1)(a)5.(ii),
except for changes to the telephone number in
335-14-2-.05(1)(a)5.(i)(I)
and decreases in the quantity indicated pursuant to
335-14-2-.05(1)(a)5.(i)(III).
The shipment cannot take place until consent of the receiving country to the
changes has been obtained [except for changes to information about points of
entry and departure and transit countries pursuant to
335-14-2-.05(1)(a)5.(i)(IV) and
(VIII)] and the exporter of CRTs receives
from EPA a copy of the Acknowledgment of Consent to Export CRTs reflecting the
receiving country's consent to the changes.
(vii) A copy of the Acknowledgment of Consent
to Export CRTs must accompany the shipment of CRTs. The shipment must conform
to the terms of the Acknowledgment.
(viii) If a shipment of CRTs cannot be
delivered for any reason to the recycler or the alternate recycler, the
exporter of CRTs must renotify EPA of a change in the conditions of the
original notification to allow shipment to a new recycler in accordance with
335-14-2-.05(1)(a)5.(vi)
and obtain another Acknowledgment of Consent to Export CRTs.
(ix) Exporters must keep copies of
notifications and Acknowledgments of Consent to Export CRTs for a period of
three years following receipt of the Acknowledgment. Exporters may satisfy this
recordkeeping requirement by retaining electronically submitted notifications
or electronically generated Acknowledgements in the CRT exporter's account on
EPA's Waste Import Export Tracking System (WIETS), or its successor system,
provided that such copies are readily available for viewing and production if
requested by any EPA or authorized state inspector. No CRT exporter may be held
liable for the inability to produce a notification or Acknowledgement for
inspection under this section if the CRT exporter can demonstrate that the
inability to produce such copies are due exclusively to technical difficulty
with EPA's Waste Import Export Tracking System (WIETS), or its successor system
for which the CRT exporter bears no responsibility.
(x) CRT exporters must file with EPA no later
than March 1 of each year, an annual report summarizing the quantities (in
kilograms), frequency of shipment, and ultimate destination(s) (i.e., the
facility or facilities where the recycling occurs) of all used CRTs exported
during the previous calendar year. Such reports must also include the
following:
(I) The name, EPA ID number (if
applicable), and mailing and site address of the exporter;
(II) The calendar year covered by the
report;
(III) A certification
signed by the CRT exporter that states:
"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this and all attached documents and that, based on my inquiry of those individuals immediately responsible for obtaining this information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment."
(xi) Annual reports must be submitted to the
office specified in paragraph (a)(5)(ii) of this section. Exporters must keep
copies of each annual report for a period of at least three years from the due
date of the report.
(b) Requirements for used CRT processing:
Used, broken CRTs undergoing CRT processing as defined in
335-14-1-.02 are not solid wastes
if they meet the following requirements:
1.
Storage. Used, broken CRTs undergoing processing are subject to the requirement
of 335-14-2-.05(1)(a)4.
2. Processing.
(i) All activities specified in paragraphs
(b) and (c) of the definition of ''CRT processing'' in
335-14-1-.02 must be performed
within a building with a roof, floor, and walls; and
(ii) No activities may be performed that use
temperatures high enough to volatilize lead from CRTs.
(c) Processed CRT glass sent to
CRT glass making or lead smelting: Glass from used CRTs that is destined for
recycling at a CRT glass manufacturer or a lead smelter after processing is not
a solid waste unless it is speculatively accumulated as defined in
335-14-1-.02.
(d) Use constituting disposal: Glass from
used CRTs that is used in a manner constituting disposal must comply with the
requirements of
335-14-7-.03 instead of the
requirements of
335-14-2-.05(1).
(2) Conditional exclusion for used, intact
cathode ray tubes (CRTs) exported for recycling. Used, intact CRTs exported for
recycling are not solid wastes if they meet the notice and consent conditions
of 335-14-2-.05(1)(a)5.,
and if they are not speculatively accumulated as defined in
335-14-1-.02.
(3) Notification and Recordkeeping for Used,
Intact Cathode Ray Tubes (CRTs) Exported for Reuse.
(a) CRT exporters who export used, intact
CRTs for reuse must send a notification to EPA. This notification may cover
export activities extending over a twelve (12) month or lesser period.
1. The notification must be in writing,
signed by the exporter, and include the following information:
(i) Name, mailing address, telephone number,
and EPA ID number (if applicable) of the exporter of the used, intact
CRTs;
(ii) The estimated frequency
or rate at which the used, intact CRTs are to be exported for reuse and the
period of time over which they are to be exported;
(iii) The estimated total quantity of used,
intact CRTs specified in kilograms;
(iv) All points of entry to and departure
from each transit country through which the used, intact CRTs will pass, a
description of the approximate length of time the used, intact CRTs will remain
in such country, and the nature of their handling while there;
(v) A description of the means by which each
shipment of the used, intact CRTs will be transported (e.g., mode of
transportation vehicle (air, highway, rail, water, etc.), type(s) of container
(drums, boxes, tanks, etc.));
(vi)
The name and address of the ultimate destination facility or facilities where
the used, intact CRTs will be reused, refurbished, distributed, or sold for
reuse and the estimated quantity of used, intact CRTs to be sent to each
facility, as well as the name of any alternate destination facility or
facilities;
(vii) A description of
the manner in which the used, intact CRTs will be reused (including reuse after
refurbishment) in the foreign country that will be receiving the used, intact
CRTs; and
(viii) A certification
signed by the CRT exporter that states:
"I certify under penalty of law that the CRTs described in this notice are intact and fully functioning or capable of being functional after refurbishment and that the used CRTs will be reused or refurbished and reused. I certify under penalty of law that I have personally examined and am familiar with the information submitted in this and all attached documents and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment."
2.
Notifications required by Division 335-14 shall be addressed to the following:
Mail:
Office of Enforcement and Compliance Assurance,
Office of Federal Activities
International Compliance Assurance Division, (Mail Code 2254A),
Environmental Protection Agency
1200 Pennsylvania Ave, NW.
Washington, DC 20460
Hand Delivery:
Office of Enforcement and Compliance Assurance,
Office of Federal Activities
International Compliance Assurance Division, (Mail Code 2254A),
Environmental Protection Agency, Management
William Jefferson Clinton Building, Room 6144
1200 Pennsylvania Ave, NW.
Washington, DC 20460.
In both cases, the following shall be prominently displayed on the front of the envelope: "Attention: Notification of Intent to Export CRTs."
(b) CRT
exporters of used, intact CRTs sent for reuse must keep copies of normal
business records, such as contracts, demonstrating that each shipment of
exported used, intact CRTs will be reused. This documentation must be retained
for a period of at least three years from the date the CRTs were exported. If
the documents are written in a language other than English, CRT exporters of
used, intact CRTs sent for reuse must provide both the original, non-English
version of the normal business records as well as a third-party translation of
the normal business records into English within 30 days upon request by
EPA.
Notes
Author: Theresa A. Maines, Marlon McMIllion, Metz P. Duites, Vernon H. Crockett; Jonah L. Harris.
Statutory Authority: Code of Ala. 1975, ยงยง 22-30-10, 22-30-11.
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