Download presentation
Presentation is loading. Please wait.
1
Electronic Recycling Investigations
Karen Juliussen Erin Gorman
2
Objectives Overview of recycling Rules and regulations
Authorizations/Notifications Title 30 Texas Administrative Code Chapter 328 Cathode ray tubes Common issues Facility Investigations Violation Categories We will focus on 30 TAC 328 regulations as they are most applicable
3
Recycling and Reuse The TCEQ supports the diversion of materials from the solid waste streams in order to promote the economic recovery and reuse of materials. We encourage Texans to support the state’s economy and environment by repairing, reselling, donating, or recycling used electronics. Choosing to recycle used electronics over landfill disposal reduces the need to process raw materials for new products and saves valuable landfill space.
4
What is recycling? Recycling -- A process by which materials that have served their intended use or are scrapped, discarded, used, surplus, or obsolete are collected, separated, or processed and returned to use in the form of raw materials in the production of new products. Recyclable material -- A material that has been recovered or diverted from the nonhazardous waste stream for purposes of reuse, recycling, or reclamation. Recycling--A process by which materials that have served their intended use or are scrapped, discarded, used, surplus, or obsolete are collected, separated, or processed and returned to use in the form of raw materials in the production of new products. Recyclable material--A material that has been recovered or diverted from the nonhazardous waste stream for purposes of reuse, recycling, or reclamation, a substantial portion of which is consistently used in the manufacture of products that may otherwise be produced using raw or virgin materials. Recyclable material is not solid waste. However, recyclable material may become solid waste at such time, if any, as it is abandoned or disposed of rather than recycled, whereupon it will be solid waste with respect only to the party actually abandoning or disposing of the material.
5
Electronic Waste Used electronics may be considered a waste if:
Discarded or not used for their intended purpose, No longer recyclable, or Not an exempt material Examples of exempt materials: Recycled processed scrap metal Shredded circuit boards Processed scrap metal and shredded circuit boards that are recycled are specifically excluded from solid waste regulations and therefore are not subject to hazardous waste regulations, provided that the metal and circuit boards are stored in containers and free of mercury switches, mercury relays, and nickel-cadmium and lithium batteries. The hazardous waste recycling regulations that cover scrap metal and circuit boards may be found in Title 40, Code of Federal Regulations, 261.4(a)(13) and (14)[25].
6
Rules and Regulations
7
Waste and recycling regulations
Waste Minimization and Recycling Rules 30 TAC Chapter 328 Municipal Solid Waste Rules 30 TAC Chapter 330 Industrial Solid Waste and Municipal Hazardous Waste Rules 30 TAC Chapter 335 Hazardous Waste Rules 40 CFR Parts 260, 261, and 273 Rules from other media may apply depending on operations, but this presentation will focus on the waste rules. 30 TAC (Title 30 Texas Administrative Code) 40 CFR (Title 40 Code of Federal Regulations)
8
Notifications Industrial sites Non-industrial (Municipal) sites
Notification for Receiving and Recycling Hazardous or Industrial Waste – Form 0524 Non-industrial (Municipal) sites Notice of Intent (NOI) to Operate a Recycling Facility – Form 20049 Unless exempt, you must notify the TCEQ of recycling operations Industrial solid waste--Solid waste resulting from or incidental to any process of industry or manufacturing, or mining or agricultural operation, which may include "Hazardous waste" as defined in this section. Municipal solid waste--Solid waste resulting from or incidental to municipal, community, commercial, institutional, and recreational activities; including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and all other solid waste other than industrial waste.
9
Chapter 328 recycling rules
Applies to: anyone who receives, processes, and returns to use only non-putrescible, source-separated recyclable materials diverted from a municipal solid waste stream.
10
Chapter 328 Exclusions Government facility Facility receives:
> 50% of recyclable material from any combination of generators not affiliated with the facility, from the public, or from haulers not affiliated with the facility; the facility receives no financial compensation (including services) to accept recyclable material; AND the facility accumulating the recyclable material can show that the material is potentially recyclable and has an economically feasible means of being recycled.
11
Chapter 328 Exclusions Facility smelts recyclable metals or is a secondary metal recycler, or Facility owned or operated, or affiliated with, a person who holds an MSW disposal permit
12
7 Signs of a legitimate recycler
Materials are potentially recyclable and have an economically feasible means of being recycled Appropriate turnover rates Notice of Intent to Operate a Recycling Facility Financial Assurance for Combustible Material Closure Cost Estimate Recordkeeping Fire Prevention & Suppression Plan
13
Notice of intent to operate a recycling facility
Submit prior to commencement of operations Form provided by TCEQ Form 20049 Includes: Type(s) of material accepted for recycling Any storage of material(s) prior to recycling How the material(s) will be recycled Any facilities not excluded by the preceding slides must submit an NOI. Notice of intent to operate a recycling facility - 30 Tac 328.5(b)
14
Proof of potentially recyclable material
The facility accumulating materials must show that the material is potentially recyclable and has an economically feasible means of being recycled. Proof includes: Contracts Turnover Records Market Information Potential Customers Cost analysis to determine how much it would cost to produce the product and how much it could sell for Condition of the site Equipment on site Proof of potentially recyclable material: 30 Tac 328.4(b)(1)
15
Examples of proof Proof of items being recyclable. Summary of materials going to a scrap metal recycler.
16
Examples of proof Receipt of recycled materials
17
Closure cost estimate Facility must obtain if: Estimate must include:
Storing combustible material outdoors Storage of material poses a significant risk to public health and safety (as determined by Executive Director) Estimate must include: Equal cost of closure of the facility, including: Disposition of maximum inventories of all processed & unprocessed materials stored outdoors at an authorized facility Based on the costs of hiring a third party that is not affiliated with the owner or operators Loading, transportation, and final disposition Based on a per cubic yards and/or short ton measure for collection and disposition costs Closure cost estimate 30 tac 328.5(c)
18
Financial assurance Financial Assurance Mechanisms
Surety Bond Guaranteeing Payment Irrevocable Standby Letter of Credit Insurance Financial Test Corporate Guarantee Local Government Financial Test Local Government Guarantee Per 30 TAC Chapter 37 Financial assurance - 30 tac 328.5(d)
19
Recordkeeping Required Records:
Proof of financial assurance to cover closure costs Reasonable effort to maintain source-separation of materials received by the facility Notice to customers of source-separation requirements Training of staff in the inspection of incoming loads Documentation of loads rejected Turn over rates Recordkeeping - 30 TAC 328.5(f)
20
Turnover rates 50% every subsequent 6 months
Records need to demonstrate appropriate turnover Each material of same type This means the facility has to process 50% of the received volume every 6 months. The total volume does NOT include material that is already processed. Turnover rates - 30 TAC 328.4(b)(2) &(3) Within 270 days from commencing operations 25% of material accumulated in first 90 days
21
Turnover Records
22
Unauthorized disposal
“Except as otherwise authorized by this chapter, a person may not cause, suffer, allow, or permit the dumping or disposal of MSW without the written authorization of the commission.” 30 TAC 3.2(25) defines a person as, “An individual, corporation, organization, government or governmental subdivision or agency, business trust, partnership, association, or any other legal entity.” Failure to maintain and provide records demonstrating proper turnover rates, legitimate recycling, etc. may result in an alleged violation of unauthorized disposal. 30 TAC (c)
23
Fire prevention & suppression plan
Must have a plan if: Subject to 30 TAC and 328.5 Manage combustible material outside Must make it available to the local fire prevention authority We will follow up with the local fire authority Fire prevention & suppression plan - 30 tac (h)
24
Universal waste Types Can accumulate for one year
Batteries Mercury containing equipment Lamps Pesticides Paint and Paint-Related Waste (Texas only) Can accumulate for one year Label Universal Waste- type of waste Ex: Universal Waste-Batteries, Universal Waste-Lamps Maintain record of accumulation start date Must be a hazardous waste
25
Universal waste Large Quantity Handler Small Quantity Handler
Accumulates at any time ≥ 5,000 kilograms (kg) Must notify Maintain records of shipments Small Quantity Handler Does not accumulate ≥ 5,000 kg at any time Notification not required Records not required
26
Pollution Prevention (P2)
Conduct long-range planning to prevent pollution Save money, reduce liability, lessen regulatory burden Toxics Release Inventory (TRI) reporters Toxic chemicals that may pose a threat Large or Small Quantity Generators of hazardous waste Requirements Five-year plan Submit Executive Summary Submit a signed Certificate of Completeness and Correctness Renew every five years and file above documentation with TCEQ Submit an Annual Progress Report TRI tracks the management of certain toxic chemicals that may pose a threat to human health and the environment. U.S. facilities in different industry sectors must report annually how much of each chemical is released to the environment and/or managed through recycling, energy recovery and treatment. (A "release" of a chemical means that it is emitted to the air or water, or placed in some type of land disposal.)
27
Cathode Ray Tubes (CRTs)
28
Cathode Ray Tubes (CRTs)
Major component of older-style computer monitors and television screens Funnels typically contain more lead than panel (frit seal) Color contains more lead than monochrome Due to technological advances (high-definition televisions, flat-panel computer monitors), a high number of CRTs will be discarded Recycling encouraged over land disposal Cathode ray tube (CRT) - a vacuum tube, composed primarily of glass, which is the visual or video display component of an electronic device. CRTs and CRT glass were once easily recycled into new CRTs. However the demand for new CRTs has collapsed in favor of new flat panel technologies. Because of rising costs, negative economic incentives and shifts in CRT glass markets, some CRT processors and recyclers are choosing to store the glass indefinitely rather than send it for recycling or disposal, which increases the risk of mismanagement and/or abandonment of CRTs. CRT s are a major component of older-style computer monitors and TV screens. They contain glass, which may contain lead to protect the user form x-rays present inside the CRT. Older CRTs contain about 4 lbs and newer CRTs contain about 2 lbs.
29
Cathode Ray Tubes (CRTs) Used, intact
Vacuum has not been released, then NOT a solid waste when: Continued to be used for intended purpose (repaired) Recycled within the US Glass processing Glass manufacturing Smelting If recycled, generator not subject to speculative accumulation Exported Vacuum has not been released, then NOT a solid waste when Continued to be used for intended purpose (repaired) Recycled within the US Glass processing Glass manufacturing Smelting If recycled, generator not subject to speculative accumulation Exported Must meet requirements in 40 CFR
30
Cathode Ray Tubes (CRTs) Used, Broken
Glass removed from its housing or casing whose vacuum as been released, NOT a solid waste when: Recycled within the US and meet certain requirements Stored properly, or placed in appropriate container Labeled appropriately Transported in containers meeting requirements listed above Not accumulated speculatively Compliant with use constituting disposal requirements in Part 266 Subpart C Processing conducted in a building with a roof, floor, and walls, and at temperatures not high enough to volatilize lead Exported Recycled within the US and meet certain requirements Stored in a building with a roof, floor, and walls, or Placed in a container constructed, filled, and closed to minimize releases to the environment Labeled “used cathode ray tube(s)-contains leaded glass” or “Leaded glass from televisions or computers” and “Do not mix with other glass materials” Transported in containers meeting requirements listed above Not speculatively accumulated Compliant with use constituting disposal requirements in Part 266 Subpart C Processing conducted in a building with a roof, floor, and walls, and at temperatures not high enough to volatilize lead Exported - 40 CFR (a)(5)
31
Cathode Ray Tubes (CRTs) Exporting
NOT a solid waste when: Used, intact Exported for reuse Notifies EPA Documentation Exported for recycling Receives written consent from receiving country Complies with speculative accumulation Used, broken Meets storage, labeling, and transportation requirements
32
Cathode Ray Tubes (CRTs) Processed CRTs
Glass that is broken, separated, and sorted, or otherwise managed after it has been removed from CRT monitors Panel, funnel, and frit line Not a solid waste if recycled Not subject to export requirements unless it is speculatively accumulated May be excluded from regulation when used as an ingredient or as an effective substitute for a commercial product Glass that is broken, separated, and sorted, or otherwise managed after it has been removed from CRT monitors Panel, funnel, and frit line Not a solid waste if recycled Not subject to export requirements unless it is speculatively accumulated May be excluded from regulation when used as an ingredient or as an effective substitute for a commercial product (40 CFR 261.2(e)(1)(i) and (ii))
33
Processed Cathode Ray Tubes (CRTs) Legitimate Recycling
The processed CRT glass provides a useful contribution; The recycling process produces a valuable product or intermediate; The processed CRT glass is managed as a valuable commodity; AND The product of the recycling process is comparable to a legitimate product. CRTs and CRT glass were once easily recycled into new CRTs. However the demand for new CRTs has collapsed in favor of new flat panel technologies. Because of rising costs, negative economic incentives and shifts in CRT glass markets, some CRT processors and recyclers are choosing to store the glass indefinitely rather than send it for recycling or disposal, which increases the risk of mismanagement and/or abandonment of CRTs.
34
Cathode Ray Tubes (CRTs) Solid Waste
A solid waste when: Sent for disposal – either unused or used, and hazardous waste if exhibits a characteristic Accumulated Speculatively Show that the material is potentially recyclable and has a feasible means of being recycled 75 percent recycled or transferred during the calendar year Example: a total of 100 tons of CRT glass stockpiled for recycling on January 1 must recycle, or transfer for recycling, at least 75 tons of CRT glass before the end of the calendar year A solid waste when: Sent for disposal – either unused or used, and hazardous waste if exhibits a characteristic Accumulated Speculatively show that the material is potentially recyclable and has a feasible means of being recycled during the calendar year the amount of material that is recycled, or transferred to a different site for recycling, equals at least 75 percent by weight or volume of the amount of that material accumulated at the beginning of the period Example: a total of 100 tons of CRT glass stockpiled for recycling on January 1 must recycle, or transfer for recycling, at least 75 tons of CRT glass before the end of the calendar year
35
Common Issues
36
Electronic Recyclers Failure to submit Notice of Intent
Failure to obtain/maintain Financial Assurance Proprietary Information Lack of operating records Mercury switches, mercury relays, and nickel-cadmium and lithium battery storage Speculative accumulation of CRTs Failure to submit Notice of Intent Failure to obtain/maintain Financial Assurance Proprietary Information Lack of operating records Mercury switches, mercury relays, and nickel-cadmium and lithium battery storage 261.4(a)(14) – stating managing UW, but not doing so
37
Facility Investigations
38
Facility Investigations
Compliance Evaluations Announced Complaints Unannounced Contacts with local authorities, i.e., fire departments, environmental compliance inspectors, etc. Citizens Investigations prompted by MSW Permits requesting review of NOIs submitted by facilities Some “announced” investigations may not be announced if the regulated entity is a poor performer or due to other site specific reasons (evidence or reason to believe intentional violations, repeat offenders, enforcement follow-up investigations, emergency response). Announced is usually 1-14 days prior notice. Will conduct a record review and a physical investigation
39
Facility Investigations
Entrance Interview Explanation of the investigation process Walk-through of facility Observe operations Verify physical requirements Record Review Review required recordkeeping documents
40
Facility Investigations
Exit Interview Preliminary summary of investigation findings Verbal Conducted at the end of the on-site investigation Written Exit Interview Form Provided at conclusion of on-site investigation, or Transmitted within a couple of days following the on-site investigation
41
Facility Investigations
General Compliance Letter No violations Additional Issues Notice of Violation Alleged violation/required action/due date Final letter once compliance achieved Notice of Enforcement Category A Category B – repeat or unresolved Referred to Enforcement Division
42
Categories of Violations
43
Categories of Violations/Enforcement
A, B, C and Area of Concern Category A Formal Enforcement – Notice of Enforcement Fine levied Examples No financial assurance Repeat Category B
44
Categories of Violations/Enforcement
Category B Notice of Violation Written warning Example Failure to maintain source separation documentation Category C Incomplete/incorrect recordkeeping Failure to maintain records that document reasonable efforts to maintain source-separation of materials, including notice to customers, training of staff, documentation of rejected loads, and documentation that incidental waste constitutes no more than 5% of average total scale weight at recycling facilities
45
Categories of Violations/Enforcement
Area of Concern Criteria: Must be category C violation Must be resolved within 14 days of the end of the investigation Must not involve potential harm/impact Must not have been documented in the prior 12 months Not reflected in Compliance History Additional Issue Not a violation, but a concern that needs to be addressed or it may lead to a violation Poor housekeeping *Examples are generalized; each site is looked at on a case-by-case basis
46
Resources
47
Resources TCEQ homepage
Contact Us - Regional Offices, Waste Permits, Small Business Assistance Regulatory Guidance Checklists The last links to example tracking tables
48
Questions? 7th Doctor: Sylvester McCoy!
49
Contact Information Karen Juliussen – DFW Region Erin Gorman– DFW Region
Similar presentations
© 2025 SlidePlayer.com. Inc.
All rights reserved.