AB 1419, as amended, Eggman. Hazardous waste: cathode ray tube glass.
Existing law prohibits the management of hazardous waste, except in accordance with the hazardous waste laws. Existing law requires the Department of Toxic Substances Control to regulate the management and disposal of hazardous waste. Under existing regulations, the department classifies a waste as hazardous waste if the waste exceeds certain total threshold limitation concentrations, which are established by the department for various substances, including barium. A violation of the hazardous waste laws is a crime.
This bill, except as specified, would provide that used, broken cathode ray tube (CRT) panel glass and processed CRT panel glass that exceeds the total threshold limit concentration only for barium is not a waste and is not subject to regulation by the department if that panel glass meets certain requirements. The bill would provide that used, broken CRT panel glass and processed CRT panel glass that is recycled is not subject to the department’s regulations on the export of materials. The bill would prohibit the use of that CRT panel glass except in specified end uses. Because a violation of this requirement would be a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 25143.2.5 is added to the Health and
2Safety Code, to read:
(a) For purposes of this section, the following
4definitions apply:
5(1) “Cathode ray tube” or “CRT” means a vacuum tube or
6picture tube used to convert an electrical signal into a visual image.
7(2) “CRT device” means any electronic device that contains
8one or more CRTs including, but not limited to, computer monitors,
9televisions, cash registers, and oscilloscopes.
10(3) “CRT funnel glass” means any glass separated from CRT
11panel glass that is derived from the treatment of a CRT and that
12consists of the neck and funnel section of a
CRT, including the
13frit.
14(4) “CRT panel glass” means glass separated from CRT funnel
15glass that is derived from the treatment of a CRT and that consists
16only of the face plate of a CRT containing a phosphor viewing
17surface. CRT panel glass does not include the frit.
18(5) begin delete“Processed CRT panel glass” end deletebegin insert“CRT panel glass without
19phosphor” end insertmeans CRT panel glassbegin delete with the phosphor removed.end delete
20
begin insert that has undergone treatment by an
authorized universal waste
21handler to remove the phosphor.end insert
22(b) begin deleteExcept as provided in subdivision (d), used, end deletebegin insertUsed, end insertbroken
23CRT panel glass that exceeds the total threshold limit concentration
24(TTLC) only for barium is not a waste and is not subject to
25regulation by the department pursuant to this chapter, including
P3 1the prohibition on the use of that glass in a manner constituting
2disposal, if it is recycled and meets the requirements of Section
3261.39 of Title 40 of the Code of Federal Regulations.
4(c) begin deleteExcept as provided in subdivision (d), processed end deleteCRT
panel
5glassbegin insert without phosphorend insert that exceeds the TTLC only for barium is
6not a waste and is not subject to regulation by the department
7pursuant to this chapter, including the prohibition on the use of
8that glass in a manner constituting disposal, if that glass meets the
9requirements of Section 66273.81 of Title 22 of the California
10Code of Regulations and is managed in accordance with the
11requirements of Section 261.39 of Title 40 of the Code of Federal
12Regulations.
13(d) CRT panel glass meeting the requirements of subdivision
14(b) or (c) that is recycled may be used only for the following end
15
uses:
16(1) Tiles, including floor or wall tiles.
17(2) Fiberglass.
18(3) Automotive glass.
19(4) Reflective glass beads.
20(5) Radiation shielding glass.
21(6) Foam glass insulation.
22(7) Decorative glass.
23(8) Bricks.
24(9) Cast concrete.
25(10) Blasting media.
26(11) Construction block.
27(12) Any other end uses identified by the department, in
28consultation with the Department of Resources Recycling and
29Recovery, that pose no risk to the public health and safety.
30(e) Subdivisions (b) and (c) do not apply to any
CRT panel glass
31that is used to manufacture any product or packaging intended to
32be used for food or food products, including pet food and livestock
33feeds, any medicines or drugs, any medical devices, any baby
34bottles, any other food service items, including wine glasses, plates,
35bowls, or drinking glasses, or any other manufactured articles or
36products for which the department declares that that use may have
37a potential adverse impact upon human health. Such a declaration
38by the department need not be risk-based and need not meet the
39peer review requirements that may otherwise be required by law.
P4 1
(e) The department may prohibit any previously authorized end
2use if the department determines that the end
use potentially poses
3environmental or public health harm. The department shall notify
4the recyclers of the prohibition not less than 60 days prior to the
5effective date of the prohibition.
6(f) begin deleteNotwithstanding other laws, used, end deletebegin insertUsed, end insertbroken CRT panel
7glass and processed CRT panel glass that exceeds the TTLC only
8for barium and that is recycled is not subject to any requirement
9implementing this chapter regarding export of materials.
10(g) Except regarding the barium threshold, this section does not
11affect, in any manner, the regulations adopted pursuant to this
12chapter regulating the processing of CRT panel glass
for disposal.
13(h) This section does not affect the identification or classification
14of a waste that is derived from the end use products listed in or
15identified pursuant to subdivision (d).
16(i) This section does not affect, in any manner, the authority of
17the Department of Resources Recovery and Recycling under
18Section 41821.5 of, or Chapter 8.5 (commencing with Section
1942460) of Part 3 of Division 30 of, the Public Resources Code.
20
(j) This section does not apply to any CRT panel glass that is
21used to manufacture any product or packaging intended to be used
22for food or food products, including pet food and livestock feeds,
23any medicines or drugs, any medical devices, any baby
bottles,
24any other food service items, including wine glasses, plates, bowls,
25or drinking glasses, or any other manufactured articles or products
26for which the department declares that that use may have a
27potential adverse impact upon human health. Such a declaration
28by the department need not be risk-based and need not meet the
29peer review requirements that may otherwise be required by law.
30(j)
end delete
31begin insert(k)end insert This section does not affect, in any manner, the Toxics in
32Packaging Prevention Act (Article 10.4 (commencing with Section
3325214.11)) or the Safe Drinking Water and Toxic Enforcement
34Act of 1986 (Chapter 6.6
(commencing with Section 25249.5)).
No reimbursement is required by this act pursuant to
36Section 6 of Article XIII B of the California Constitution because
37the only costs that may be incurred by a local agency or school
38district will be incurred because this act creates a new crime or
39infraction, eliminates a crime or infraction, or changes the penalty
40for a crime or infraction, within the meaning of Section 17556 of
P5 1the Government Code, or changes the definition of a crime within
2the meaning of Section 6 of Article XIII B of the California
3Constitution.
O
95