Utah Admin. Code R315-261-39 - Exclusions and Exemptions - 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) Before
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 shall be either:
(i) stored in a building with a roof, floor,
and walls, or
(ii) placed in a
container, for example, 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
tube(s)-contains leaded glass " or "Leaded glass from televisions or
computers." It shall also be labeled: "Do not mix with other glass
materials."
(3) Transportation. The
used, broken CRTs shall be transported in a container meeting the requirements
of Subsections R315-261-39(a)(1)(ii)
and R315-261-39(a)(2).
(4) Speculative accumulation and use
constituting disposal. The used, broken CRTs are subject to the limitations on
speculative accumulation as defined in Subsection
R315-261-39(c)(8).
If they are used in a manner constituting disposal, they shall comply with the
applicable requirements of Sections
R315-266-20 through
R315-266-23 instead of the
requirements of Section
R315-261-39.
(5) Exports. In addition to the applicable
conditions specified in Subsections
R315-261-39(a)(1)
through R315-261-39(a)(4),
exporters of used, broken CRTs shall 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 60 days before the initial shipment is intended to be
shipped off site. This notification may cover export activities extending over
a 12 month or lesser period. The notification shall be in writing, signed by
the exporter, and include the following information:
(A) Name, mailing address, telephone number
and EPA ID number, if applicable, of the exporter of the CRTs.
(B) The estimated frequency or rate at which
the CRTs are to be exported and the period over which they are to be
exported.
(C) The estimated total
quantity of CRTs specified in kilograms.
(D) The points of entry to and departure from
each foreign country through which the CRTs will pass.
(E) A description of the means by which each
shipment of the CRTs will be transported; such as mode of transportation
vehicle, air, highway, rail, water; types of container, drums, boxes,
tanks.
(F) 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.
(G) A description of the manner in which the
CRTs will be recycled in the foreign country that will be receiving the
CRTs.
(H) 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 the transit country and the
nature of their handling while there.
(ii) Notifications shall 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
that a receiving country requests to respond to a notification.
(iv) EPA shall provide a complete
notification to the receiving country and any transit countries. A notification
is complete when EPA receives a notification that E P A determines satisfies
the requirements of Subsection
R315-261-39(a)(5)(i).
(v) The export of CRTs is prohibited unless
each of the following occur:
(A) 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. If the receiving
country objects to receipt of the CRTs or withdraws a earlier consent, EPA will
notify the exporter in writing. EPA will also notify the exporter of any
responses from transit countries.
(B) On or after the AES filing compliance
date, the exporter or a U.S. authorized agent shall:
(I) Submit Electronic Export Information
(EEI) for each shipment to the Automated Export System (AES) or its successor
system, under the International Trade Data System (ITDS) platform, in
accordance with 15 CFR
30.4(b).
(II) Include the following items in the EEI,
along with the other information required under
15 CFR
30.6: EPA license code; Commodity
classification code per 15
CFR 30.6(a)(12); EPA consent
number; Country of ultimate destination per
15 CFR
30.6(a)(5); Date of export
per 15 CFR
30.6(a)(2); Quantity of
waste in shipment and units for reported quantity, if required reporting units
established by value for the reported commodity classification number are in
units of weight or volume per
15 CFR
30.6(a)(15); or EPA net
quantity reported in units of kilograms, if required reporting units
established by value for the reported commodity classification number are not
in units of weight or volume.
(vi) If the conditions specified on the
original notification change, the exporter shall provide EPA with a written
renotification of the change using the allowable methods listed in Subsection
R315-261-39(a)(5)(ii),
except for changes to the telephone number in Subsection
R315-261-39(a)(5)(i)(A)
and decreases in the quantity indicated pursuant to Subsection
R315-261-39(a)(5)(i)(C).
The shipment cannot take place until consent of the receiving country to the
changes has been received, except for changes to information about points of
entry and departure and transit countries pursuant to Subsections
R315-261-39(a)(5)(i)(D)
and R315-261-39(a)(5)(i)(H)
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 shall accompany the shipment of CRTs.
The shipment shall 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 shall renotify EPA of a change in the conditions of the
original notification to allow shipment to a new recycler in accordance with
Subsection R315-261-39(a)(5)(vi)
and get another Acknowledgment of Consent to Export CRTs.
(ix) Exporters shall 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 keeping 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, if
these 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
Section R315-261-39 if the CRT exporter
can demonstrate that the inability to produce copies is 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
shall file with EPA no later than March 1 of each year, an annual report
summarizing the quantities, in kilograms; frequency of shipment; and ultimate
destinations, for example, the facility or facilities where the recycling
occurs, of the used CRTs exported during the previous calendar year. Annual
reports shall also include the following:
(A)
the name; EPA ID number, if applicable; and mailing and site address of the
exporter;
(B) the calendar year
covered by the report; and
(C) 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) Before one year after the AES filing
compliance date, annual reports shall be sent to the following mailing address:
Office of Land and Emergency Management, Office of Resource Conservation and
Recovery, Materials Recovery and Waste Management Division, International
Branch, (Mail Code 2255A), Environmental Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460. Hand-delivered annual reports on used CRTs
exported during 2016 should be sent to: Office of Land and Emergency
Management, Office of Resource Conservation and Recovery, Materials Recovery
and Waste Management Division, International Branch, (Mail Code 2255A),
Environmental Protection Agency, William Jefferson Clinton South Building, Room
6144, 1200 Pennsylvania Ave. NW., Washington, DC 20004. Subsequently, annual
reports shall be submitted to the office listed using the allowable methods
specified in Subsection
R315-261-39(a)(5)(ii).
Exporters shall keep copies of each annual report for a period of at least
three years from the due date of the report. Exporters may satisfy this
recordkeeping requirement by keeping electronically submitted annual reports in
the CRT exporter's account on EPA's Waste Import Export Tracking System
(WIETS), or its successor system, if a copy is readily available for viewing
and production if requested by any EPA or authorized Utah inspector. No CRT
exporter may be held liable for the inability to produce an annual report for
inspection under Section
R315-261-39 if the CRT exporter
can demonstrate that the inability to produce the annual report is 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.
(b) Requirements for used CRT processing:
Used, broken CRTs undergoing CRT processing as defined in Section
R315-260-10 are not solid wastes
if they meet the following requirements:
(1)
Storage. Used, broken CRTs undergoing processing are subject to the requirement
of Subsection R315-261-39(a)(4).
(2) Processing.
(i) The activities specified in Subsections
R315-260-10(32)(ii)
and R315-260-10(32)(iii)
of the definition of CRT Processing in Section
R315-260-10 shall 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 Subsection
R315-261-1(c)(8).
(d) Use constituting disposal. Glass from
used CRTs that is used in a manner constituting disposal shall comply with the
requirements of Sections
R315-266-20 through
R315-266-23 instead of the
requirements of Section
R315-261-39.
Notes
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