Used, broken cathode ray tubes (CRTs) are not wastes if the
CRTs meet the following conditions:
(A) Prior to processing. These materials are
not wastes if the materials are destined for recycling and if the materials
meet the following requirements:
(1) Storage.
The broken CRTs shall be either:
(a) Stored in
a building with a roof, floor, and walls.
(b) 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 shall be labeled or marked clearly with one of
the following phrases: "Used cathode ray tubes- contain leaded glass" or
"Leaded glass from televisions or computers." The container also shall be
labeled "Do not mix with other glass materials."
(3) Transportation. The used, broken CRTs
shall be transported in a container that meets the requirements of paragraphs
(A)(1)(b) and (A)(2) of this rule.
(4) Accumulating speculatively and use
constituting disposal. The used, broken CRTs are subject to the limitations on
being "accumulated speculatively" as provided in paragraph (C)(8) of rule
3745-51-01
of the Administrative Code. If the used, broken CRTs are used in a manner
constituting disposal, the used, broken CRTs shall comply with the applicable
requirements of rules
3745-266-20
to
3745-266-23
of the Administrative Code instead of this rule.
(5) Exports. In addition to the applicable
conditions specified in paragraphs (A)(1) to (A)(4) of this rule, exporters of
used, broken CRTs shall notify U.S. EPA of an intended export before the CRTs
are scheduled to leave the United States, and shall comply with the
notification requirements in 40
CFR
C.F.R.261.39(a)(5)(i) to (a)(5)(xi).
Notifications submitted by mail should be sent to
"Office of Enforcement and Compliance Assurance, Mail Code 2254A, United States
Environmental Protection Agency, 1200 Pennsylvania Avenue, N.W., 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, United States
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."
[Comment: The exercise of foreign relations and international
commerce powers is reserved to the federal government under the Constitution.
These responsibilities are not delegable to the states. Therefore, the
importation and exportation of hazardous waste into and out of the United
States is solely regulated by the federal government.]
(B) Requirements for used CRT
processing. Used, broken CRTs undergoing "CRT processing" as defined in rule
3745-50-10
of the Administrative Code are not wastes if such wastes meet the following
requirements:
(1) Storage. Used, broken CRTs
undergoing processing are subject to the requirement of paragraph (A)(4) of
this rule.
(2) Processing.
(a) All activities specified in subparagraphs
(b) and (c) of the definition of "CRT processing" in rule
3745-50-10
of the Administrative Code shall be performed within a building with a roof,
floor, and walls.
(b) 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 waste unless such glass is "accumulated
speculatively" as defined in paragraph (C)(8) of rule
3745-51-01
of the Administrative Code.
(D) Use
constituting disposal. Glass from used CRTs that is used in a manner
constituting disposal shall comply with rules
3745-266-20
to
3745-266-23
of the Administrative Code instead of this rule.
[Comment: For dates of non-regulatory government publications,
publications of recognized organizations and associations, federal rules, and
federal statutory provisions referenced in this rule, see rule
3745-50-11
of the Administrative Code titled "Incorporated by
reference."]
Notes
Ohio Admin. Code
3745-51-39
Effective:
10/5/2020
Five Year Review (FYR) Dates:
7/13/2020 and Exempt
Promulgated Under:
119.03
Statutory
Authority: 3734.12
Rule
Amplifies: 3734.12
Prior
Effective Dates: 09/05/2010, 03/17/2012,
02/12/2018
