BILL ANALYSIS                                                                                                                                                                                                    Ó



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          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  








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               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:  








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             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  








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               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. 










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          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. 








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          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.









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          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  








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          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.










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          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;










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             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  








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          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)).
          








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          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  








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          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 
   








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          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)










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          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


















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