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 (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 this section.
5. Exports. In addition to the applicable
conditions specified in 335-14-2-.05(1)(a) l. - 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 submitted by mail should
be sent to the following mailing address: 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-delivered notifications should be sent
to: Office of Enforcement and Compliance Assurance, Office of Federal
Activities, International Compliance Assurance Division, (Mail Code 2254A),
Environmental Protection Agency, Ariel Rios Bldg., Room 6144, 1200 Pennsylvania
Ave., NW., Washington, DC. In both cases, the following shall be prominently
displayed on the front of the envelope: "Attention: Notification of Intent to
Export CRTs."
(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. Where a claim of
confidentiality is asserted with respect to any notification information
required by 335-14-2-.05(1)(a)5.(i), EPA may find the notification not complete
until any such claim is resolved in accordance with
335-14-1-.01(2).
(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, 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.
(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 this section.
(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
12 0 0 Pennsylvania Ave, NW.
Washington, DC 2060 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
12 0 0 Pennsylvania Ave, NW.
Washington, DC 2060.
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
Authors: Theresa A. Maines, Marlon McMIllion, Metz P. Duites, Vernon H. Crockett
Statutory Authority: Code of Ala. 1975, ยงยง 22-30 -10, 22-30-11.
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