BILL ANALYSIS Ó
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Bob Wieckowski, Chair
2015 - 2016 Regular
Bill No: SB 489 Hearing Date: 4/15/2015
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|Author: |Monning |
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|Version: |4/6/2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Rachel Machi Wagoner |
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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
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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.
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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.
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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
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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
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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
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