BILL ANALYSIS                                                                                                                                                                                                    



          SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
                              Senator Wieckowski, Chair
                                2015 - 2016  Regular 
           
          Bill No:            AB 1419
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          |Author:    |Eggman                                               |
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          |Version:   |6/23/2016              |Hearing      |6/29/2016       |
          |           |                       |Date:        |                |
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          |Urgency:   |No                     |Fiscal:      |Yes             |
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          |Consultant:|Rachel Machi Wagoner                                 |
          |           |                                                     |
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          SUBJECT:  Hazardous waste:  cathode ray tube glass.

            ANALYSIS:
          
          Existing law:  
          
          1) Prohibits the disposal of hazardous waste in a solid waste  
             landfill and specifies requirements for the proper handling,  
             transportation, treatment and disposal of hazardous waste,  
             except as exempted or otherwise classified by regulation.


          2) Requires the Department of Toxic Substances Control (DTSC) to  
             regulate and enforce federal and state hazardous waste laws.


          3) Requires the Department of Resources, Recovery and Recycling  
             (CalRecycle) to regulate and enforce California laws relating  
             to solid waste including disposal, recycling and composting. 


          4) Establishes the Electronic Waste Recycling Act of 2003 (EWRA)  
             to provide a cost-free and convenient means for consumers to  
             return, recycle, and ensure the safe and environmentally  
             sound disposal of covered electronic devices (CEDs).  CEDs  
             that are discarded are considered covered electronic waste  
             (CEW).  As defined by EWRA a CED is a video display device  
             containing a screen greater than four inches, measured  
             diagonally including:








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             a)    Cathode ray tube containing devices (CRT devices).
             b)    Cathode ray tubes (CRTs).
             c)    Computer monitors containing cathode ray tubes.
             d)    Laptop computers with liquid crystal display (LCD).
             e)    LCD containing desktop monitors.
             f)    Televisions containing cathode ray tubes.
             g)    Televisions containing liquid crystal display (LCD)  
                screens.
             h)    Plasma televisions.
             i)    Portable DVD players with LCD screens.

          5) Requires a consumer to pay a CEW recycling fee upon the  
             purchase of a new or refurbished CED at the time of the  
             retail sale.  The CEW recycling fee ranges from $3 to $5,  
             depending on the screen size, and is used primarily to pay  
             CEW collectors and recyclers.

          6) Provides for payments to CEW collectors and recyclers for  
             costs associated with collecting and recycling CEW that has  
             been generated in the state.  

          7) Requires DTSC and CalRecycle to jointly establish and  
             implement an electronics waste (e-waste) recycling program  
             pursuant to EWRA.


          This bill:  

          1) Provides that used, broken CRT panel glass and processed CRT  
             panel glass that exceeds the total threshold limit  
             concentration (TTLC) only for barium is not a waste and is  
             not subject to regulation by DTSC as a hazardous waste if  
             that panel glass meets certain requirements. 

          2) Permits the use of that CRT panel glass that exceeds the TTLC  
             only for barium for specified end uses.

          3) Authorizes DTSC to designate additional end uses or to  
             prohibit a previously designated end use if it poses  
             potential environmental or public health harm.

            Background
          









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          1) E-waste.  The term "e-waste" is loosely applied to consumer  
             and business electronic equipment that is near or at the end  
             of its useful life.  There is no clear definition for  
             e-waste; for instance whether or not items like microwave  
             ovens and other similar "appliances" should be grouped into  
             the category has not been established.  Certain components of  
             some electronic products contain materials that render them  
             hazardous, depending on their condition and density. For  
             instance, California law currently views nonfunctioning CRTs  
             (cathode ray tubes) from televisions and monitors as  
             hazardous.
          2) EWRA.  In 2001, the Department of Toxic Substances Control  
             (DTSC) determined that cathode ray tube (CRT) screens are  
             hazardous, and as such, must be managed as hazardous waste  
             when disposed.  In response to this determination, the  
             Legislature enacted SB 20 (Sher, Chapter 526, Statutes of  
             2003) and amended by SB 50 (Sher, Chapter 863, Statutes of  
             2004), establishing EWRA to create a cost-free and convenient  
             way for consumers to return, recycle, and ensure the safe and  
             environmentally sound disposal of hazardous video display  
             devices.  EWRA imposes a fee on every consumer at the point  
             of sale.  The Board of Equalization (BOE) deposits the fee  
             revenue into the Electronic Waste and Recovery and Recycling  
             Account, which may be spent solely for activities that relate  
             to reuse, recycling, and proper disposal. 

             Today, over a dozen years later, new CRT devices are no  
             longer being consumed in any appreciable amount in the  
             developed world. In fact, it is unclear where and in what  
             quantity new CRTs are being fabricated for assembly into  
             video devices. Processed CRT glass from the West is being  
             shipped to India at a cost ranging from $100 and $200 per  
             ton. Reportedly only three large metal smelters in North  
             America will accept leaded CRT glass, though their capacity  
             and demand for CRT glass is limited. Long-promised new lead  
             extraction technologies for high-lead content funnel glass  
             are still being developed, with questions remaining about  
             throughput and longevity. 

             A viable alternative large-scale application for low-leaded  
             residual panel glass (which contains barium oxide for optical  
             properties and radiation shielding) that conforms to  
             California's hazardous waste management rules has not been  
             identified. 








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             For the past several years, California's CEW recycling  
             program has generated approximately 100 million pounds of  
             residual CRT glass annually, though volumes appear to be  
             beginning to decline.  A key component of the CEW recycling  
             program has been a requirement that the derived residual CRTs  
             and/or CRT glass be "shipped" to a destination authorized to  
             further treat that material, under the assumption (and  
             universal waste management requirement) that the material  
             would eventually reach an appropriate recycling application.  
             With the use of intermediate facilities and foreign  
             destinations, it is becoming increasingly difficult to ensure  
             when, where, and whether residual CRT glass has achieved an  
             appropriate disposition.
              
             Universal waste management rules applicable to residual CRT  
             glass handling and treatment have generally recognized new  
             CRT manufacturing and lead smelting as the only appropriate  
             ultimate recycling dispositions for CRT glass. 

             However, neither of these end-uses currently occurs within  
             the state of California. Early program participants generally  
             shipped glass to North American smelters or to glass  
             processors for beneficiation prior to its subsequent  
             marketing to overseas CRT manufacturers. As more volume of  
             CEW was recovered and processed, a larger proportion of  
             derived CRT glass was ostensibly sent toward the so-called  
             "glass-to-glass" market (e.g., CRT manufacturing), either  
             directly or through processors. This practice was influenced  
             by accessibility and price, even as the global production and  
             sale of CRT devices rapidly declined. 

             By mid-2009, approximately 75% of residual CRTs and/or CRT  
             glass was being shipped to Mexican processors. However, in  
             the 4th quarter of 2009, access to Mexican CRT glass  
             processors was interrupted for nearly a year. Because CEW  
             recyclers are required to ship CRT glass to a destination  
             "authorized to receive and further treat" the glass prior to  
             filing CEW recycling claims, this interruption caused the  
             volume of claimed CEW to decrease dramatically while  
             recyclers searched for alternative outlets for CRT glass. A  
             couple of recyclers pursued establishing their own in-state  
             CRT processing capabilities, while other enterprises started  
             or offered capacities out-of-state.








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             The requirement to "ship" CRT glass has been interpreted by  
             CalRecycle as meaning that the glass be moved off-site from  
             the facility where the CEW was cancelled and the treatment  
             residual generated. This interpretation has been supportive  
             of universal waste accumulation time limits by discouraging  
             onsite storage. As ready access to ultimate disposition  
             options became more uncertain, and as the price charged by  
             out-of-state processors increased, more recyclers pursued  
             interest in establishing their own in-state, off-site  
             processing capabilities (or at least authorizations) to  
             fulfill treatment residual shipping criteria. While this  
             would allow CEW recycling payment claims to be submitted with  
             regularity, it did not create new end markets for CRT glass. 

             Current markets for residual CRTs and CRT glass are limited.   
             Access to traditional lead smelting is reportedly difficult,  
             with only one facility in the U.S. (Doe Run, Missouri).

             Future CRT Management.  CRT glass can be loosely categorized  
             into leaded glass and non-leaded glass. Sometimes this is  
             referred to as "funnel glass" and "panel glass" respectively,  
             but such classification can be misleading since the panel  
             glass of some CRTs also contains lead.  And even so-called  
             non-leaded glass contains other toxic metals, such as barium,  
             at levels that create environmental and regulatory concern,  
             particularly under current California hazardous waste law.   
             The ability to effectively identify, separate, characterize,  
             process, and test residual CRT glass will be critical to  
             future management options.

             New lead extraction technologies reportedly are emerging that  
             may be more efficient than traditional smelting. Facilities  
             in AZ, OH, TX, NY, and VA utilizing these new technologies  
             are in differing stages of development but not in  
             production-scale operation.  Alternative applications also  
             have been reported for non-leaded CRT glass, such as in  
             building materials, tile, insulation, aggregate, proppant,  
             industrial abrasives, reflective coatings, and fill.  

             However CalRecycle is not aware of any alternative  
             production-scale applications in the United States that have  
             been demonstrated to and evaluated by DTSC and found to  
             constitute an ultimate disposition that would warrant  








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             inclusion in the list of uses allowed under universal waste  
             rules. Nor is CalRecycle aware of any proposed use for  
             non-leaded CRT glass that has secured formal concurrence from  
             DTSC as an excluded recyclable material.

          Barium Oxide.  Barium is a silvery white metal. The surface of  
          barium metal is covered with a thin layer of oxide that helps  
          protect the metal from attack by air.  Once ignited, barium  
          metal burns in air to give a mixture of white barium oxide.   
          Barium oxide is used in cathode ray tubes to provide radiation  
          protection in the neck and funnel. 


          Barium oxide is an irritant.  If it contacts the skin or the  
          eyes or is inhaled it causes pain and redness. However, it is  
          more dangerous when ingested. It can cause nausea and diarrhea,  
          muscle paralysis, cardiac arrhythmia, and can cause death. If  
          ingested, medical attention should be sought immediately.

          Barium oxide should not be released environmentally; it is  
          harmful to aquatic organisms.  In California barium oxide is a  
          hazardous waste because of its toxic characteristics.

            Comments
          
          1) Purpose of Bill.  According to the author, new LCD and LED  
             technology for televisions and monitor screens has taken over  
             and demand for old-fashioned Cathode Ray Tube (CRT) devices  
             has dropped dramatically.  The end-use market for CRT glass  
             generated from recycling scrap CRT's has dried up and  
             recyclers across the nation are struggling with what to do  
             with the glass. Many have even resorted to stockpiling this  
             material in hopes of finding new outlets in the future.

             The author states that in response to this impending crisis,  
             DTSC adopted Emergency Regulations that allowed this material  
             to be recycled or disposed of under certain conditions in  
             2012. However, this regulatory scheme has proven difficult  
             for recyclers to implement, and hasn't created sufficient  
             viable pathways for this material.  



             The process of recycling scrap CRT monitors and televisions  








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             produces three different types of glass:  funnel glass, which  
             contains high levels of lead, and low and non-leaded panel  
             glass which contains very low concentrations of lead, or no  
             lead at all.  The current regulations limit the options for  
             recycling leaded funnel glass to smelting, glass to glass  
             recycling for the production of new CRTs (currently only done  
             by one company in India), or landfill disposal.  Although  
             non-leaded panel glass should be available for many other  
             uses, the regulatory pathway for using these end markets has  
             not been clearly developed.

             The authors argues, complicating the issue even further is  
             that the world's last CRT manufacturer, which recycled as  
             much as 57% of the funnel and panel glass generated in the  
             country, announced that it would discontinue CRT production  
             in the coming months, eliminating one of the last outlets for  
             this material.


          2) CalRecycle published a paper in May, 2015, entitled,  
             "Electronic Waste Recycling Stakeholder Workshop" stating "As  
             the CEW recycling system moves forward, consideration must be  
             given to the availability of viable CRT glass markets and  
             alternatives, the anticipated lifespan of those markets and  
             the available supply of feedstock, and the environmental  
             impacts associated with moving the glass to those markets  
             versus other management options. Furthermore, while markets  
             in far-off geographic areas may exist today, the economic  
             ripples resulting from use of those markets should be a  
             factor in any policy assessment.  Does the fact that  
             California recyclers pay to send CRT glass to certain  
             downstream recipients artificially subsidize the continued  
             consumption of hazardous inputs, prolonging the use of that  
             material in products that will ultimately be disposed  
             elsewhere, while potentially and simultaneously suppressing  
             the development of local recycling infrastructure in certain  
             destination countries? 

             "The fact that the ultimate disposition of essentially all  
             residual CRT glass currently occurs beyond California's  
             borders, and in a timeframe that makes the effective  
             monitoring of that disposition problematic, suggests policies  
             that ensure more certain fates closer to home should be  
             considered."








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            Related/Prior Legislation

          SB 50 (Sher, Chapter 863, Statutes of 2004) makes clarifying  
          changes to SB 20 (Sher, Chapter 526, Statutes of 2003).

          SB 20 (Sher, Chapter 526, Statutes of 2003) enacts the  
          Electronic Waste Recycling Act of 2003 to provide for the  
          convenient recycling of covered electronic devices in  
          California: requiring every retailer or manufacturer that sells  
          covered devices collect a fee on each which was to be used for  
          the regulation and proper handling and recycling or disposal of  
          covered devices.
            


          SOURCE:                    Californians Against Waste  
           
          SUPPORT: 
                         
          All eWaste, Inc.
          Association of California Recycling Industries
          Cali Resources, Inc.
          California Association of Local Conservation Corps
          California Electronic Asset Recovery
          California League of Conservation Voters
          Ecology Action
          ECS Refining
          Electronic Recyclers International, Inc.
          Fireclay Tile
          Institute of Scrap Recycling Industries, West Coast Chapter
          Kleen Blast Abrasives 
          Marin County Hazardous and Solid Waste Management Joint Powers  
                         Authority
          Napa Recycling and Waste Services
          Northern California Recycling Association
          Rural Counties Representatives of California
          Sonoma County AB 939 Local Task Force
          StopWaste
          Technologies Displays Americas, LLC.
          Tycoon Materials, Inc. DBA Happy Recyclers
           
           OPPOSITION:    









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          None received  


           
                                          
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