BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1419|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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THIRD READING
Bill No: AB 1419
Author: Eggman (D), et al.
Amended: 8/19/16 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.
Senate Floor Amendments of 8/19/16 remove automotive glass,
reflective glass beads and foam glass insulation as specified
allowed uses of recycled CRT glass that exceed state thresholds
for barium and add Senator Leyva as a coauthor.
ANALYSIS:
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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 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
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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
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;
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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.
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.
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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
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
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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 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
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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
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
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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
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
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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."
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
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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: (Verified 8/3/16)
Californians Against Waste (source)
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.
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
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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
Prepared by:Rachel Machi Wagoner / E.Q. / (916) 651-4108
8/22/16 22:58:08
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