BILL ANALYSIS Ó AB 1419 Page 1 Date of Hearing: August 25, 2016 ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS Luis Alejo, Chair AB 1419 (Eggman) - As Amended August 19, 2016 SUBJECT: Hazardous waste: cathode ray tube glass SUMMARY: Provides an exemption for used, broken cathode ray tube (CRT) panel glass and processed CRT panel glass from the total threshold limit concentration (TTLC) only for barium. Specifically, this bill: 1) Defines "cathode ray tube" or "CRT" as a vacuum tube or picture tube used to convert an electrical signal into a visual image, and define "CRT device" as any electronic device that contains one or more CRTs including, but not limited to, computer monitors, televisions, cash registers, and oscilloscopes. 2) Provides that used, broken 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, including the prohibition on the use of that glass in a manner constituting disposal, if it is recycled and meets DTSC regulatory requirements. 3) Provides that CRT panel glass without phosphor that exceeds the TTLC only for barium is not a waste and is not AB 1419 Page 2 subject to regulation by DTSC, including the prohibition on the use of that glass in a manner constituting disposal, if that glass meets state and federal regulatory requirements. 4) Authorizes CRT panel glass meeting the aforementioned requirements and is recycled may be used only for eight specified end uses. 5) Authorizes DTSC to prohibit any previously authorized end use of CRT panel glass if DTSC determines that the end use potentially poses environmental or public health harm. Requires DTSC to notify the recyclers of the prohibition at least 60 days prior to the effective date of the prohibition. 6) States that used, broken CRT panel glass and processed CRT panel glass that exceeds the TTLC only for barium and that is recycled is not subject to any requirement regarding export of materials. 7) States that this bill, notwithstanding the barium threshold, does not affect, in any manner, the regulations adopted regulating the processing of CRT panel glass for disposal. States that this bill does not affect the identification or classification of a waste that is derived from the eight end use products listed. 8) Prohibits the exemptions in the bill from applying to any CRT panel glass that is used to manufacture any product or packaging intended to be used for food or food products for which DTSC declares that that use may have a potential adverse impact on human health. EXISTING LAW: AB 1419 Page 3 1) Excludes used CRTs and CRT glass from the hazardous waste regulations under the federal Resource Conservation and Recovery Act (RCRA). (40 Code of Federal Regulations 261.4(a)(22)) 2) 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. Requires DTSC and Department of Resources, Recovery and Recycling (CalRecycle) to jointly establish and implement an electronics waste (e-waste) recycling program pursuant to EWRA. (Public Resources Code (PRC) § 42460, et seq.) 3) Requires all covered electronic waste (CEW), including any residuals from the processing of the waste, to be handled in compliance with all applicable statutes and regulations. (PRC§ 42476 (f) (2)) 4) 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 law and regulation. (Health and Safety Code (H&S) § 25148.5) 5) Authorizes DTSC to adopt, by regulation alternative management standards for disposal of a hazardous waste that would be classified as hazardous solely because it exceeds TTLC. (H&S § 25141.5) 6) Authorizes DTSC to exclude some recyclable materials AB 1419 Page 4 from classification as a waste. (H&S § 25143.2) FISCAL EFFECT: According to the Senate Appropriations Committee, enactment of this bill could result in approximately $85,000 (Electronic Waste Recovery and Recycling Account) for two years for DTSC to develop regulations, and minor, if any, costs to CalRecycle. COMMENTS: Need for the bill: According to the author, new liquid crystal display (LCD) and light-emitting diode technology for televisions and monitor screens has taken over the market 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. Complicating the issue even further is that 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 this year, eliminating one of the last outlets for this material. That has left many recyclers resorting to stockpiling this material in hopes of finding new outlets in the future. The author contends that the regulatory pathway for using these end markets has not been clearly developed for non-leaded CRT panel glass. The uncertainty leaves recyclers afraid to do anything other than landfill or stockpile this material, even though it was collected for recycling. AB 1419 Page 5 The author's intent with AB 1419 is to reduce the environmental risk inherent in the stockpiling and export of used monitors by creating a recycling framework for CRT panel glass. Cathode Ray Tubes (CRT): CRTs are the video display components of televisions and computer monitors. CRTs have relatively high concentrations of lead and phosphors, both of which are necessary for the display. CRTs are made from two types of glass joined by a high lead glass solder known as frit (glaze for ceramic tile). The screen glass (panel glass) is typically lead-free. The rear part of the CRT known as funnel glass contains around 20% lead and the glass frit contains up to 90% lead. The glass in CRTs typically contains enough lead to require managing it as hazardous waste under certain circumstances. Barium oxide is used in CRTs to provide radiation protection in the neck and funnel. Barium: According to the Centers for Disease Control and Prevention, barium has been found to potentially cause gastrointestinal disturbances and muscular weakness when people are exposed to it at low levels. Barium oxide is also a skin 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, diarrhea, muscle paralysis, cardiac arrhythmia, and can cause death. California has established a procedure with set limits for hazardous waste characterization to identify levels of hazardous characteristics, such as barium. When a waste exceeds the TTLC limits for barium, it is classified as hazardous. For CRT glass, the barium limit is 10,000 mg/kg. AB 1419 Page 6 E-Waste recycling in California: SB 20 (Sher, Chapter 526, Statutes of 2003), known as the Electronic Waste Recycling Act (EWRA) of 2003, was enacted to eliminate electronic waste stockpiles and legacy devices, including waste CRT devices and CRTs, by providing a comprehensive and innovative system for their reuse, recycling, and proper and legal disposal. The EWRA established a statewide program to promote and fund the collection and recycling of hazardous electronic devices beginning July 1, 2004. Under EWRA, retailers collect an advance recycling fee on covered electronic devices at the time of purchase. CRTs have largely been superseded by newer display technologies such as LCD and plasma. Although a mainstay of display technology for decades, CRT-based computer monitors and televisions are essentially a dying technology. The demand for CRT screens has dropped precipitously since 2000, and this falloff has accelerated since then. The rapid advances and falling prices of LCD flat panel technology, first for computer monitors and then for televisions, has been the key factor in the demise of competing display technologies such as CRT, rear-projection, and plasma display. Approximately 200 million pounds of TVs are recycled annually in California. About half of those include CRTs, which means California's e-waste recycling program has generated more than 100 million pounds of residual CRT glass annually since it began operation in 2005. A key component of the EWRA has been a requirement that the derived CRT glass be shipped to a destination authorized to further treat that material, under the assumption (and implicit hazardous waste management requirement) that the material would eventually find an appropriate recycling application. AB 1419 Page 7 The reduced demand for CRTs has diminished the number of operating lead smelters and glass-to-glass recyclers accepting CRTs. Today, there is only one lead smelter in the United States and one glass-to-glass recycler, Videocon, located in India. Absent recyclers to ship collected CRTs to, e-waste recyclers are estimated to be stockpiling 17 million pounds of CRT glass in California. It is highly likely that the 17 million figure is artificially low, as state and federal regulations prohibit storage of hazardous materials for more than one year, so many who are stockpiling CRT glass are likely underreporting how much is being stored. One remedy to the problem is to identify, or clarify legally approved end uses for CRTs. Aside from televisions, products that CRTs could be recycled and used as feedstock for include those listed in the bill. Creating regulatory pathways to recycle CRT glass in California is in line with the intent of the EWRA, and consistent with the expectations of California consumers who pay a recycling fee on all covered electronic devices and expect that they get recycled. DTSC regulations: DTSC's regulations prior to 2014 authorized treatment of CRT devices and CRTs pursuant to specified standards, which require that a universal waste handler who treats CRTs shall "treat CRTs only for the purpose of recycling one or more types of CRT glass and ensure that all the CRT glass is reclaimed at a CRT glass manufacturer or at a primary or AB 1419 Page 8 secondary lead smelter." Consequently, a person may not treat CRTs to generate CRT glass using the treatment methodologies if the purpose of the treatment is for recycling the CRT glass by means other than at a CRT glass manufacturer or at a primary or secondary lead smelter or for disposal. DTSC has acknowledged that its universal waste regulations required that CRT glass be sent only to a CRT glass manufacturer or a primary or secondary lead smelter for recycling, which limited potential for CRT recycling given the lack of facilities that accepted CRT glass. Therefore, CRT glass generated pursuant to DTSC's regulations prior to 2014 led to CRT and CRT glass stockpiling. Consequently, millions of pounds of hazardous waste CRTs and CRT glass either remain at locations across California or have been shipped out of state, potentially for unauthorized use or disposal. Additionally, due to the loss of a viable CRT manufacturing market, which currently only exists overseas (only one CRT manufacturer is currently operating worldwide), over the last 2 years, CRT glass exported out of California is most likely not being recycled consistent with DTSC's current universal waste regulations. To encourage proper management of CRTs and CRT glass and improve the overall effectiveness of the EWRA, DTSC adopted emergency regulations in 2012 and re-adopted them in 2014 to expand the options for the ultimate disposition of CRTs and CRT glass. The regulations were intended to add new disposition options including disposal and other types of recycling (other than CRT glass manufacturing and lead smelting) and attempt to identify and allow new/viable recycling options. AB 1419 Page 9 According to the author, this regulatory scheme has proven difficult for recyclers to implement, and hasn't created sufficient viable pathways for this material. The author states, "the current California 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." End uses for exempted CRT glass: According to Kleen Blast Abrasives, an industrial byproduct and recycled product manufacturer in Danville, CA, "Because there is no list of alternative approved recycling options or destinations, recyclers must make their own determination and are thus are at risk of being deemed out of compliance and found in violation of the hazardous waste regulations by DTSC for which they could be assessed a large fine. Even worse, a regulatory violation is very damaging to a recycler's reputation." Therefore, according to Kleen Blast Abrasives and other CRT recyclers in the industry, it is important that California enact laws that achieve the objective of providing legitimate recycling outlets for electronic waste and CRT glass in order to prevent these materials from being stockpiled and/or landfilled if recycling options cannot be located. The bill specifies eight uses for which CRT glass qualified under this bill is recycled and can be used, including: 1) Tiles, including floor or wall tiles; AB 1419 Page 10 2) Fiberglass; 3) Radiation shielding glass; 4) Decorative glass; 5) Bricks; 6) Cast concrete; 7) Blasting media; 8) Construction block; and, 9) Any other end uses identified by DTSC, in consultation with CalRecycle, that pose no risk to the public health and safety. The intent of this section of the bill is to clarify specific options that CRT glass can be recycled into in California, which would create a market for CRT glass to make use of a material that can be made into useful products and prevent further stockpiling. Ensuring the safety of the presence of barium in the final products: The United States Environmental Protection Agency (US EPA) requires a Toxicity Characteristic Leaching Procedure (TCLP) test, which is a chemical analysis that simulates leaching in landfill conditions. The test is used to determine if a waste is characteristically hazardous and whether it would leach hazardous constituents in extreme conditions. While California enforces the federal TCLP regulations concerning toxicity, it applies an additional set of leaching procedures, called the Total Threshold Limit Concentration (TTLC). The TTLC is used when determining the hazardous waste characterization under California state regulations. Specifically, the TTLC analysis identifies the presence of the hazardous constituent and determines the total concentration of the constituent. The Soluble Threshold Limit Concentration (STLC) test, like the TCLP test, is a leaching test intended to simulate the conditions that may be present in a landfill where water may pass through the landfill waste and travel into the groundwater, carrying the soluble materials with it. Testing leachability is AB 1419 Page 11 important because the total content level of a constituent, like barium, is not always indicative of the soluble amount of the constituent that will leach. AB 1419 is exempting cleaned CRT glass from the TTLC requirement, but CRT glass would still be required to pass the federal TCLP test for leachability. If the CRT glass passes the TCPL test, the barium cannot be liberated from the glass; in other words, the test indicates that the barium cannot be released from the CRT glass and into the environment. The leachability is the primary concern, and that testing protocol will still be maintained. Will end products be hazardous products, too? If those end use products - reflective glass beads, bricks, insulation, etc. - are made with barium-containing CRT glass, those products would eventually become a hazardous waste. The challenge is knowing that information at the time of disposal. In addition to testing in accordance with US EPA requirements for leachability (which would provide protections for workers in the manufacturing process), manufactures are required to conduct and create a Material Safety Data Sheet (MSDS) for all products that they manufacture with information regarding the levels of constituents in the products they produce. Wholesalers and distributors are required to provide a copy of the MSDS with the products that they sell to all of their customers. Therefore, any information on barium levels will be provided to the consumer. However, the individual or company removing or demolishing any facility with these products and responsible for the waste may have no way of knowing that the waste, in fact, contains high levels of barium unless a test is conducted. What about the CRT market across the county? CRT glass and used CRTs that are recycled or exported for recycling are not considered solid or hazardous waste under the Resource Conservation and Recovery Act (RCRA) if certain conditions are met (40 Code of Federal Regulations 261.4(a)(22)). AB 1419 Page 12 However, under Section 2006 of RCRA, individual states can be authorized to administer and enforce their own hazardous waste programs in lieu of the federal program. RCRA authorizes California to promulgate regulatory requirements that are more stringent than the federal regulatory requirements. As such, California has approved stronger standards for CRT recycling, and is the only state that regulates CRT glass as hazardous waste when recycled, giving CRT collectors in California a stricter standard that the rest of the nation. Despite the federal lenience for CRT recycling afforded to the other states without more state-specific regulation, California CEW collectors cannot ship CRT devices/CRT glass to those other state's markets because of an EWRA requirement, pursuant to Public Resources Code § 42476 (f)(2), that the collected materials must be managed in accordance with California hazardous waste laws. Absent the glass-to-glass recycler in India accepting feedstock, this leaves California CEW collectors stuck with finding recycling options in-state. However, several companies have indicated they would be consumers of CRT glass if AB 1419 is approved. Kleen Blast Abrasives would have a capacity to purchase and use between 5,000 and 15,000 tons of CRT glass per year. Fireclay also indicated it could use upwards of 1,000 tons of CRT glass per year. While the intent of AB 1419 is to stimulate a CRT glass recycling market in California, it would also serve to shake-up the current stockpiles of CRT glass. CAMACHO, a glass recycling company in Spain, currently accepts CRT glass from at least 15 US states, but not California because of the prohibition on exporting. CAMACHO has stated it has capacity to accept and manage approximately 240 million pounds of glass per year, and could likely accept more than 60 million pounds of CRT glass from California e-waste recyclers should AB 1419 become law AB 1419 Page 13 loosening the TTLC noose on the CRT glass market. Senate amendments: This bill was substantially amended in the Senate and the Assembly approved version of this bill was deleted. This bill, as amended in the Senate, is inconsistent with Assembly actions and the provisions of this bill, as amended in the Senate, have not been heard in an Assembly policy committee. REGISTERED SUPPORT / OPPOSITION: Support Californians Against Waste - sponsor 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 AB 1419 Page 14 Cal Micro Recycling Ecology Action ECS Refining Electronic Recyclers International E-Recycling of California Environmental Working Group Fireclay Tile Institute of Scrap Recycling Industries (ISRI), West Coast Chapter Kleen Blast Abrasives Marin County Hazardous & Solid Waste Management Joint Powers Authority Napa Recycling & Waste Services Northern California Recycling Association (NCRA) AB 1419 Page 15 Rural County Representatives of California (RCRC) Sonoma County AB 939 Local Task Force Sonoma County Waste Management Agency Stopwaste Technologies Displays Americas, LLC Tycoon Materials, Inc. DBA Happy Recyclers Opposition None on file. Analysis Prepared by:Paige Brokaw / E.S. & T.M. / (916) 319-3965 AB 1419 Page 16