Cal. Code Regs. Tit. 22, § 66273.75 - Treatment (Processing) Standards

A universal waste handler who treats electronic devices, residual printed circuit boards, CRTs, and/or PV modules 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 (d) for electronic devices, residual printed circuit boards, CRTs, an/or PV modules;

(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) Treat CRTs only for the purpose of recycling one or more types of CRT glass at a CRT glass manufacturer or at a primary or secondary lead smelter; for disposal; or for the management of CRT panel glass according to section 25143.2.5 of the Health and Safety Code.

(9) For disposal of CRT panel glass at a CRT panel glass approved 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.

(10) Not accept for treatment, any electronic devices, PV modules, 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, PV modules, and/or CRTs, in a manner that prevents a release to the environment of any universal waste or any component or constituent thereof, as follows:

(2) Contain any residuals that are produced from treating electronic devices, residual printed circuit boards, PV modules, 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, PV module, 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, PV modules, 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, PV modules, 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, PV modules, 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, Mists, Vapors and Gases), 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, PV modules, 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 of.

(2) For disposal of CRT panel glass generated pursuant to subsection (a)(9) of this section in a CRT panel glass approved 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 CRT panel glass approved 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 in accordance with subsection (f)(5) of this section, or ship the accumulated CRT glass for disposal in accordance with subsection (f)(4) of this section.

(4) For disposal at a permitted hazardous waste disposal facility:

(A) Be deemed the generator of hazardous waste CRT glass;

(B) 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

(C) Notify the Department in accordance with 66273.74(a)(2).

(5) For reclamation at a CRT glass manufacturer or primary or secondary lead smelter:

(A) If the CRT glass will be sent to 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) Maintain onsite 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 sent to any intermediate facilities, the name, address and telephone number of the intermediate facilities and a description of the facilities' activities;

4. Any copies of the contractual arrangements made pursuant to subsection (f)(5)(A) of this section, if applicable;

5. The quantity of CRT glass and the departure date of each shipment to any intermediate facility, pursuant to subsection (f)(5)(A), if applicable; and

6. Confirmation receipts from the CRT glass manufacturer or primary or secondary lead smelter indicating that the CRT glass shipments were received no later than 90 days after the departure date specified in subsection (f)(5)(B)5 of this section.

Notes

Cal. Code Regs. Tit. 22, § 66273.75

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.
3. Amendment of section and NOTE refiled with further amendment of subsection (f)(4)(A) 9-15-2014 as an emergency; operative 9-15-2014 (Register 2014, No. 38). 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.
4. Amendment of section and NOTE refiled with further amendment of subsection (f)(4)(A) 9-12-2016 as an emergency; operative 9-12-2016 (Register 2016, No. 38). 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.
5. Certificate of Compliance as to 9-12-2016 order, including amendment of section and NOTE, transmitted to OAL 9-10-2018 and filed 10-22-2018; amendments effective 10-22-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 43).
6. Amendment of first paragraph and subsections (a)(1), (a)(10), (b)(1)-(3), (d)(1)-(2) and (e)(1) and amendment of NOTE filed 9-28-2020; operative 1-1-2021 (Register 2020, No. 40). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-66-20.

Note: Authority cited: Sections 25141, 25141.5, 25150, 25201, 25214.9, 25219.1, 25259 and 58012, Health and Safety Code; and Section 42475, Public Resources Code. Reference: Sections 25141, 25141.5, 25150, 25159.5, 25173, 25201, 25212, 25214.9, 25219, 25219.1, 25219.2 and 25259, Health and Safety Code; Sections 42479, Public Resources Code.

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.
3. Amendment of section and Note refiled with further amendment of subsection (f)(4)(A) 9-15-2014 as an emergency; operative 9/15/2014 (Register 2014, No. 38). 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.
4. Amendment of section and Note refiled with further amendment of subsection (f)(4)(A) 9-12-2016 as an emergency; operative 9-12-2016 (Register 2016, No. 38). 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.
5. Certificate of Compliance as to 9-12-2016 order, including amendment of section and Note, transmitted to OAL 9-10-2018 and filed 10-22-2018; amendments effective 10/22/2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 43).
6. Amendment of first paragraph and subsections (a)(1), (a)(10), (b)(1)-(3), (d)(1)-(2) and (e)(1) and amendment of Note filed 9-28-2020; operative 1/1/2021 (Register 2020, No. 40). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-66-20.