BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 1419|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: AB 1419
Author: Eggman (D)
Amended: 6/23/16 in Senate
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 6/29/16
AYES: Wieckowski, Gaines, Bates, Hill, Jackson, Leno, Pavley
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/1/16
AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen
ASSEMBLY FLOOR: 74-0, 5/22/15 (Consent) - See last page for vote
SUBJECT: Hazardous waste: cathode ray tube glass
SOURCE: Californians Against Waste
DIGEST: This bill provides that certain cathode ray tube (CRT)
panel glass is not subject to Department of Toxic Substances
Control (DTSC) regulation as hazardous waste if it meets certain
requirements. This bill also permits the use of that CRT panel
glass for specified end uses, and allows DTSC to designate
additional end uses or to prohibit a previously designated end use
if it poses potential environmental or public health harm.
ANALYSIS:
Existing law:
1)Prohibits the disposal of hazardous waste in a solid waste
landfill and specifies requirements for the proper handling,
AB 1419
Page 2
transportation, treatment and disposal of hazardous waste,
except as exempted or otherwise classified by regulation.
2)Requires 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:
a) CRT containing devices (CRT devices).
b) 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 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.
AB 1419
Page 3
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
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 from televisions and
monitors as hazardous.
AB 1419
Page 4
2)EWRA. In 2001, DTSC determined that 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
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.
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
AB 1419
Page 5
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 fourth
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.
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
AB 1419
Page 6
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).
3)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
AB 1419
Page 7
been demonstrated to and evaluated by DTSC and found to
constitute an ultimate disposition that would warrant 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.
4)Barium Oxide. Barium is a silvery white metal that is used in
CRTs 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 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.
AB 1419
Page 8
The process of recycling scrap CRT monitors and televisions
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. 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?
AB 1419
Page 9
"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."
Prior Legislation
SB 20 (Sher, Chapter 526, Statutes of 2003) enacts the Electronic
Waste Recycling Act of 2003 to provide for the convenient
recycling of CEDs 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.
SB 50 (Sher, Chapter 863, Statutes of 2004) makes clarifying
changes to SB 20.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Senate Appropriations Committee, this bill will
cost approximately $85,000 (Electronic Waste Recovery and
Recycling Account) for two years for DTSC to develop regulations
and has minor, if any, costs to CalRecycle.
SUPPORT: (Verified8/3/16)
Californians Against Waste (source)
All eWaste, Inc.
Association of California Recycling Industries
Cali Resources, Inc.
AB 1419
Page 10
California Association of Local Conservation Corps
California Electronic Asset Recovery
California League of Conservation Voters
Ecology Action
ECS Refining
Electronic Recyclers International, Inc.
Environmental Working Group
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
Sonoma County Waste Management Agency
StopWaste
Technologies Displays Americas, LLC.
Tycoon Materials, Inc. DBA Happy Recyclers
OPPOSITION: (Verified8/3/16)
None received
ASSEMBLY FLOOR: 74-0, 5/22/15
AYES: Achadjian, Travis Allen, Baker, Bigelow, Bloom, Bonilla,
Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau,
Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd,
Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia,
Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,
Grove, Hadley, Harper, Roger Hernández, Holden, Irwin,
Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,
Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,
Nazarian, Obernolte, Patterson, Perea, Quirk, Rendon,
Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark
Stone, Thurmond, Ting, Wagner, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Alejo, Jones, O'Donnell, Olsen, Waldron, Weber
AB 1419
Page 11
Prepared by:Rachel Machi Wagoner / E.Q. / (916) 651-4108
8/3/16 19:20:44
**** END ****