Louisiana Administrative Code
Title 33 - ENVIRONMENTAL QUALITY
Part V - Hazardous Wastes and Hazardous Materials
Subpart 1 - Department of Environmental Quality-Hazardous Waste
Chapter 49 - Lists of Hazardous Wastes
Section V-4911 - Conditional Exclusion for Used, Broken Cathode Ray Tubes (CRTs) Undergoing Recycling
Universal Citation: LA Admin Code V-4911
Current through Register Vol. 50, No. 9, September 20, 2024
A. Prior to processing, broken CRTs are not solid wastes if they are destined for recycling and if they meet the following requirements.
1. Storage. The broken CRTs shall be either:
a. stored in a building with a roof, floor,
and walls; or
b. placed in a
container (i.e., a package or a vehicle) that is constructed, filled, and
closed to minimize identifiable releases to the environment of CRT glass
(including fine solid materials).
2. Labeling. Each container in which used,
broken CRT material is contained shall be labeled or marked clearly with one of
the following phrases: "Used Cathode Ray Tube(s)- Contains Leaded Glass" or
"Leaded Glass from Televisions or Computers." It shall also be labeled: "Do Not
Mix with Other Glass Materials."
3.
Transportation. The used, broken CRTs shall be transported in a container
meeting the requirements of Subparagraph A.1.b and Paragraph A.2 of this
Section.
4. Speculative
Accumulation and Use Constituting Disposal. The used, broken CRTs are subject
to the limitations on speculative accumulation as defined in LAC 33:V.109. If
they are used in a manner constituting disposal, they must comply with the
applicable requirements of LAC 33:V.4139 and 4141 instead of the requirements
of this Section.
5. Exports
a. In addition to the applicable conditions
specified in Paragraphs A.1-4 of this Section, exports of used, broken CRTs
must comply with the following requirements.
i. Notify EPA of an intended export before
the CRTs are scheduled to leave the United States. A complete notification
should be submitted 60 days before the initial shipment is intended to be
shipped off-site. This notification may cover export activities extending over
a 12-month period. The notification must be in writing, signed by the exporter,
and include:
(a). name, mailing address,
telephone number, and EPA ID number (if applicable) of the exporter of the
CRTs;
(b). the estimated frequency
or rate at which the CRTs are to be exported and the period of time over which
they are to be exported;
(c). the
estimated total quantity of CRTs specified in kilograms;
(d). all points of entry to, and departure
from, each foreign country through which the CRTs will pass;
(e). a description of the means by which each
shipment of the CRTs will be transported (e.g., mode of transportation vehicle
(air, highway, rail, water, etc.), and types(s) of container used (drums,
boxes, tanks, etc.);
(f). the name
and address of the recycler(s), the estimated quantity of used CRTs to be sent
to each facility, and the names of any alternate recyclers;
(g). a description of the manner in which the
CRTs will be recycled in the foreign country that will be receiving the CRTs;
and
(h). the name of any transit
country through which the CRTs will be sent, and a description of the
approximate length of time the CRTs will remain in such country and the nature
of their handling while there.
ii. Notifications submitted by mail should be
sent to the following mailing address: Office of Enforcement and Compliance
Assurance, Office of Federal Activities, International Compliance Assurance
Division (Mail Code 2254A), Environmental Protection Agency, 1200 Pennsylvania
Avenue, NW, Washington, DC 20460. Hand-delivered notifications should be sent
to: Office of Enforcement and Compliance Assurance, Office of Federal
Activities, International Compliance Assurance Division, (Mail Code 2254A),
Environmental Protection Agency, Ariel Rios Bldg., Room 6144, 1200 Pennsylvania
Ave., NW, Washington, DC. In both cases, the following shall be prominently
displayed on the front of the envelope: "Attention: Notification of Intent to
Export CRTs."
iii. Upon request by
EPA, the exporter shall furnish to EPA any additional information which a
receiving country requests in order to respond to a notification.
iv. EPA will provide a complete notification
to the receiving country and any transit countries. A notification is complete
when EPA receives a notification which EPA determines satisfies the
requirements of Clause A.5.a.i of this Section. Where a claim of
confidentiality is asserted with respect to any notification information
required by Clause A.5.a.i of this Section, EPA may find the notification not
complete until any such claim is resolved in accordance with
40 CFR
260.2.
v. The export of CRTs is prohibited unless
the receiving country consents to the intended export. When the receiving
country consents in writing to the receipt of the CRTs, EPA will forward an
acknowledgment of consent to export CRTs to the exporter. Where the receiving
country objects to receipt of the CRTs or withdraws a prior consent, EPA will
notify the exporter in writing. EPA will also notify the exporter of any
responses from transit countries.
vi. When the conditions specified on the
original notification change, the exporter must provide EPA with a written
renotification of the change, except for changes to the telephone number in
Subclause A.5.a.i.(a) of this Section, and decreases in the quantity indicated
in Subclause A.5.a.i.(c) of this Section. The shipment cannot take place until
consent of the receiving country to the changes has been obtained (except for
changes to information about points of entry and departure and transit
countries pursuant to Subclauses A.5.a.i.(d) and A.5.a.i.(h) of this Section).
vii. A copy of the acknowledgment
of consent to export CRTs must accompany the shipment of CRTs. The shipment
must conform to the terms of the acknowledgment.
viii. If a shipment of CRTs cannot be
delivered for any reason to the recycler or the alternate recycler, the
exporter of CRTs must renotify EPA of a change in the conditions of the
original notification to allow shipment to a new recycler in accordance with
Subclause A.5.a.i.(f) of this Section, and obtain another acknowledgment of
consent to export CRTs.
ix.
Exporters must keep copies of notifications and acknowledgments of consent to
export CRTs for a period of three years following receipt of the
acknowledgment.
x. CRT exporters
must file with EPA no later than March 1 of each year, an annual report
summarizing the quantities (in kilograms), frequency of shipment, and ultimate
destination(s) (i.e., the facility or facilities where the recycling occurs) of
all used CRTs exported during the previous calendar year. Such reports must
also include the following:
(a). the name, EPA
ID number (if applicable), and mailing and site address of the
exporter;
(b). the calendar year
covered by the report; and
(c). a
certification signed by the CRT exporter that states: "I certify under penalty
of law that I have personally examined and am familiar with the information
submitted in this and all attached documents and that, based on my inquiry of
those individuals immediately responsible for obtaining this information, I
believe that the submitted information is true, accurate, and complete. I am
aware that there are significant penalties for submitting false information,
including the possibility of fine and imprisonment."
xi. Annual reports must be submitted to the
office specified in Clause A.5.a.ii of this Section. Exporters must keep copies
of each annual report for a period of at least three years from the due date of
the report.
B. Requirements for Processing of Used, Broken CRTs. Used, broken CRTs undergoing CRT processing as defined in LAC 33:V.109 are not solid wastes if they meet the following requirements.
1. Storage. Used, broken CRTs
undergoing processing are subject to the requirements of Paragraphs A.1, 2, and
4 of this Section.
2. Processing.
All CRTs shall be processed within a building with a roof, floor, and walls. No
activities may be performed that use temperatures high enough to volatilize
lead from CRTs.
C. Processed CRT Glass Sent to CRT Glass Making or Lead Smelting. Glass removed from used CRTs that is destined for recycling at a CRT glass manufacturer or a lead smelter after processing is not a solid waste unless it is speculatively accumulated as defined in LAC 33:V.109. Imported, processed glass from CRTs is subject to these requirements as soon as it enters this state.
D. Processed CRT Glass Sent to Other Types of Recycling, except for Use Constituting Disposal. Glass removed from CRTs that is destined for other types of recycling after processing (except use constituting disposal) is not a solid waste if it meets the requirements of Paragraphs A.1-4 of this Section. Imported, processed glass removed from CRTs is subject to these requirements as soon as it enters this state.
E. Use Constituting Disposal. Processed glass removed from CRTs that is used in a manner constituting disposal shall comply with the requirements of Paragraphs A.1-4 of this Section and the applicable requirements of LAC 33:V.4139. Imported, processed glass from CRTs is subject to these requirements as soon as it enters this state.
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and in particular R.S. 30:2180 et seq.
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