BILL ANALYSIS Ó SENATE COMMITTEE ON ENVIRONMENTAL QUALITY Senator Bob Wieckowski, Chair 2015 - 2016 Regular Bill No: SB 489 Hearing Date: 4/15/2015 ----------------------------------------------------------------- |Author: |Monning | |----------+------------------------------------------------------| |Version: |4/6/2015 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Rachel Machi Wagoner | |: | | ----------------------------------------------------------------- Subject: Hazardous waste: photovoltaic modules ANALYSIS: Existing federal law: 1. Under the federal Resource Conservation and Recovery Act of 1976 (RCRA) and subsequent amendments to RCRA requires the United States Environmental Protection Agency (US EPA) to establish standards and regulations for the management and disposal of hazardous materials and wastes. US EPA's universal waste regulations streamline hazardous waste management standards for federally designated "universal wastes," which include: batteries, pesticides, mercury-containing equipment and bulbs (lamps). The regulations govern the collection and management of these widely generated wastes and provide that states can modify the universal waste rule and add additional universal waste(s) as governed by state hazardous waste laws. Existing California law: 1. Under the Hazardous Waste Control Act (HWCA), provides for the registration, licensure and permitting of hazardous waste generators, transporters and storage, transfer and disposal facilities. HWCA requires the Department of Toxic Substances Control (DTSC) to implement and enforce the Act. 2. Defines "Universal waste" to mean a hazardous waste SB 489 (Monning) Page 2 of ? identified as a universal waste in Section 66273.9 of Title 22 of the California Code of Regulations, or a hazardous waste designated as a universal waste pursuant Health and Safety Code Chapter 6.5. 3. HWCA authorized DTSC to adopt regulations to allow for the alternative management of universal waste. The statutory authority to adopt new universal waste regulations sunsetted in 2008. This bill: 1. Makes findings regarding the need to have a plan for the end-of-life of photovoltaic modules that does not create an additional burden on California's already strained solid waste landfills. 2. States that it is the intent of the Legislature to encourage the photovoltaic industry to develop and implement recycling policies and programs to reduce the waste generated by this waste stream in an economically efficient manner that does not burden consumers. 3. Provides DTSC the statutory authority to adopt regulations to designate end-of-life photovoltaic modules that are hazardous waste as a universal waste and subject those modules to universal waste management. Background What are Universal Wastes? Universal wastes are hazardous wastes that are widely produced by households and many different types of businesses. California's Universal Waste Rule allows individuals and businesses to transport, handle and recycle certain common hazardous wastes, termed universal wastes, in a manner that differs from the requirements for most hazardous wastes. The aim of the alternative rule is to acknowledge the ubiquitous nature of universal waste and provide management rules that ensure that they are managed safely and are not disposed of in the trash. SB 489 (Monning) Page 3 of ? The hazardous waste regulations identify seven categories of hazardous wastes that can be managed as universal wastes. Any waste item that falls within one of these waste streams can be handled, transported and recycled following the simple requirements set forth in the universal waste regulations. California Universal Wastes are: Electronic devices: Includes any electronic device that is a hazardous waste (with or without a Cathode Ray Tube (CRT)), including televisions, computer monitors, cell phones, VCRs, computer CPUs and portable DVD players. Batteries: Most household-type batteries, including rechargeable nickel-cadmium batteries, silver button batteries, mercury batteries, alkaline batteries and other batteries that exhibit a characteristic of a hazardous waste. Electric lamps: Fluorescent tubes and bulbs, high intensity discharge lamps, sodium vapor lamps and electric lamps that contain added mercury, as well as any other lamp that exhibits a characteristic of a hazardous waste. (e.g., lead). Mercury-containing equipment: Thermostats, mercury switches, mercury thermometers, pressure or vacuum gauges, dilators and weighted tubing, mercury rubber flooring, mercury gas flow regulators, dental amalgams, counterweights, dampers and mercury added novelties such as jewelry, ornaments and footwear. CRTs: The glass picture tubes removed from devices such as televisions and computer monitors. CRT glass: A cathode ray tube that has been accidently broken or processed for recycling. Non-empty aerosol cans. Photovoltaic Modules as California Universal Waste. DTSC submitted in August 2013 a proposed regulation to treat photovoltaic modules that are a hazardous waste as a universal waste and to establish standards for alternative management of hazardous waste solar modules to the Office of Administrative Law (OAL). On October 1, 2013, the OAL disapproved the proposed regulations citing the expired statute authorizing DTSC to adopt new universal waste regulations. SB 489 (Monning) Page 4 of ? Comments 1. Purpose of Bill. According to the author, photovoltaic modules (PV), commonly referred to as solar panels, have varying useful lives with some estimates ranging from 25-40 years. As part of California's effort to invest in solar installation, it is critical to consider its inevitable waste stream by making it easier for end-users to properly dispose and recycle these PV modules, promote efforts that provide a comprehensive system for take-back and recycling, and discourage disposal to landfills. DTSC does not currently have statutory authority to designate hazardous waste photovoltaic modules as universal waste. This authorization is necessary to allow DTSC to proceed with attempted regulations. For the PV panels determined to be hazardous waste, the regulations would have created an exemption to hazardous waste requirements for PV panels and treat them as universal waste. DTSC plans to pursue obtaining federal authorization from the US EPA to implement the federal Universal Waste Regulations in California-a process that was initiated by DTSC in 2003, but was never completed. Upon approval by the US EPA and assuming state authorization is provided, DTSC intends to reintroduce this rulemaking for Proposed Management Standards for Hazardous Waste PV Modules. The author states that currently, there is ambiguity on whether PV modules are hazardous waste per California law. Furthermore the author believes the solar industry may assume that the majority of PV modules are silicon-based solar modules that are non-hazardous, but this might not necessarily be true for certain older modules that are still in service. The author asserts that the only way to comprehensively understand this issue is to conduct Toxicity Characteristics Leaching Procedures/Total Threshold Leaching Concentration/Soluble Threshold Leaching Concentration (TCLP/TTLC/STLC) analytical testing for the variety of modules manufacturers have manufactured over time and that assumes each manufacturer has actually conducted these waste SB 489 (Monning) Page 5 of ? characterization tests on their modules and is willing to provide the analytical data. Because of this ambiguity, it is unclear whether PV modules can or should be disposed in a solid waste landfill. The author states that while some PV module companies may provide take-back and recycling services for their end-of-life PV modules, there is no comprehensive industry standard or system in place to deal with all PV modules. The author concludes that because California leads the nation in solar installation, it is equally critical that the state lead with addressing the inevitable entry of solar panels into the waste stream by making it easier for end-users to properly dispose and recycle these PV modules, promote efforts that provide a comprehensive system for take-back and recycling, and discourage disposal to landfills. While it is predicted that waste from PV modules will not be a large scale problem before the year 2020, we need to prepare for this waste stream now. Ensuring that these clean, renewable energy systems are not wastefully discarded in landfills is crucial. SB 489 will send a signal to the solar industry and markets that they need to prepare for sustainable end of life practices. 2. Solar in California. California is the national leader in installation and use of renewable energy including solar power. As of the end of 2013, California had 490 MW of concentrated solar power and 5,183 MW of photovoltaics capacity in operation. The American Solar Energy Industries Association reports that a further 19,200 MW of utility-scale solar projects are under construction or development in the state as of August 2014. California leads the nation in the number of homes which have solar panels installed, totaling over 230,000. As we progress with growing this important source of energy for California, it is also prudent to begin the discussion of how the waste from the spent photovoltaic modules will be handled and develop a system for the most environmentally sound reuse, recycling and disposal at the end-of-life in order to prevent creating a waste problem from an energy solution. Related/Prior Legislation SB 489 (Monning) Page 6 of ? SB 1020 (Monning, 2013) would have 1) authorized DTSC to develop universal waste regulations for photovoltaic modules and 2) required an photovoltaic module industry end-of-life take-back program as specified. The bill was held in the Senate Committee on Environmental Quality at the request of the author. SOURCE: Senator Monning SUPPORT: Californians Against Waste Recycle Smart Silicon Valley Toxics Coalition Solid Waste Association of North America, California Chapters OPPOSITION: None on file -- END --