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Understanding the EPA's Regulatory Framework for E-Waste Management

This presentation by Robert Tonetti from the USEPA Office of Solid Waste outlines the regulatory framework governing electronic waste (e-waste) in the U.S. It covers fundamental aspects of how EPA hazardous waste rules apply to e-waste, highlighting the waste management hierarchy, including reuse, recycling, and disposal options. The presentation discusses exemptions and exclusions under the Resource Conservation and Recovery Act (RCRA) and emphasizes the importance of recycling and reuse. It also details the conditions under which certain e-waste can be safely disposed of in landfills and the necessary guidelines for exporting CRTs and other electronic components.

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Understanding the EPA's Regulatory Framework for E-Waste Management

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  1. USEPA’s Regulatory Framework for “E-Waste” Robert Tonetti USEPA Office of Solid Waste December 2007

  2. FOCUS OF PRESENTATION • THE BASICS OF HOW USEPA HAZARDOUS WASTE RULES DO & DON’T APPLY TO “E-WASTE”

  3. USEPA’s POLICY APPROACH • THE WASTE MANAGEMENT HEIRARCHY • REUSE • RECYCLING • DISPOSAL • EPA’s REGULATORY AND VOLUNTARY PROGRAMS EMPHASIZE THIS HEIRARCHY • ALTHOUGH NOT PREFERRED, “E-WASTE” CAN BE SAFELY DISPOSED IN NON-HAZARDOUS WASTE LANDFILLS

  4. EPA RULES • GENERALLY, MOST “E-WASTE” IN THE U.S. IS EITHER: • NON-HAZARDOUS WASTE • NON-WASTE • SEVERAL HAZARDOUS WASTE EXCLUSIONS & EXEMPTIONS APPLY • TO ENCOURAGE REUSE & RECYCLING

  5. EXCLUSIONS & EXEMPTIONS • RCRA: Resource Conservation and Recovery Act • FEDERAL LAW re HAZARDOUS WASTE • Under RCRA, a material must first be a waste in order to have the potential to be a hazardous waste • EPA regulations under RCRA have many exclusions and exemptions • EXCLUSION: It is not a waste • EXEMPTION: It is a waste, but not a hazardous waste

  6. INCENTIVES for REUSE & RECYCLING UNDER U.S. LAWS & REGULATIONS • EQUIPMENT FOR POTENTIAL REUSE IS NOT WASTE – obsolete electronics are often capable of being reused • WASTE CAN BE MADE NON-WASTE BY PROCESSING – i.e., raw materials/commodities can be produced

  7. HAZARDOUS WASTE EXEMPTIONS • NON-HAZARDOUS WASTES: • HOUSEHOLD WASTES including any electronics from households • SCRAP METAL FOR RECYCLING • WHOLE CIRCUIT BOARDS FOR RECYCLING • PRECIOUS METALS FOR RECYCLING

  8. HAZARDOUS WASTE EXCLUSIONS • NON-WASTES: (Products or commodities) • MATERIALS OR EQUIPMENT FOR REUSE • PROCESSED SCRAP METAL FOR RECYCLING • SHREDDED CIRCUIT BOARDS FOR RECYCLING • Must be packaged to prevent release • Free of NiCd and Li batteries and mercury devices • PROCESSED CRT GLASS FOR RECYCLING • INTACT CRTs FOR RECYCLING • PARTIALLY PROCESSED CRTs FOR RECYCLING • CONDITIONS APPLY

  9. CRT RULE • FINAL RULE ISSUED JULY 2006 • INTENDED TO STREAMLINE REQUIREMENTS AND ENCOURAGE RECYCLING • THE RULE IS A CONDITIONAL EXCLUSION • IF RULE IS COMPLIED WITH, CRTs ARE NON-WASTE IF REUSED OR RECYCLED • PACKAGING & LABELING REQUIREMENTS FOR STORAGE & TRANSPORT • EXPORT REQUIREMENTS WENT INTO EFFECT 1/29/07

  10. CRT RULEEXPORT REQUIREMENTS • CRTs EXPORTED FOR RECYCLING • PROCESSED GLASS: NOT REGULATED IF SENT TO CRT GLASS MANUFACTURER OR LEAD SMELTER • NOTIFICATION & CONSENT PROCESS FOR WHOLE CRTs & UNPROCESSED CRT GLASS

  11. CRT RULEEXPORT REQUIREMENTS • INTACT CRTs EXPORTED FOR REUSE • EXPORTER MUST SEND A ONE-TIME NOTIFICATION TO EPA OR THE STATE • EXPORTER MUST KEEP BUSINESS RECORDS FOR 3 YEARS DEMONSTRATING EXPORT FOR LEGITIMATE REUSE/REFURBISHMENT

  12. HAZARDOUS WASTES • IF ALL FOUR ELEMENTS APPLY: • GENERATED BY NON-HOUSEHOLDS • GENERATED AT MORE THAN 220 lbs/mo • HAVE A HAZ WASTE “CHARACTERISTIC,” e.g., FAIL TCLP. EXAMPLES: • CRTs • SOME LAPTOPS, CELL PHONES, ETC. • SENT FOR DISPOSAL

  13. SUMMARYCOLLECTION, REUSE & RECYCLING • PERSONS OR BUSINESSES THAT SEND USED ELECTRONIC EQUIPMENT TO RECYCLERS: • ARE NOT WASTE GENERATORS • Unless they require destruction • GENERALLY AVOID RCRA LIABILITY • MUCH OF WHAT A RECYCLER COLLECTS IS NOT WASTE • RECYCLERS’ OUTPUT INCLUDES: • Used and unused products • Recyclable commodities • Both non-wastes & non-hazardous wastes • Wastes requiring special handling or disposal

  14. WASTES REQUIRING SPECIAL HANDLING • UNIVERSAL WASTES ARE HAZARDOUS WASTES WITH SPECIAL CONTROLS TO FACILITATE TREATMENT/RECYCLING • Certain batteries • NiCd, Li, Pb acid • Lamps and other mercury devices

  15. STATE HAZARDOUS WASTE RULES • STATE RULES MAY BE MORE STRINGENT THAN USEPA • SOME STATES CLASSIFY E-WASTE AS UNIVERSAL OR HAZARDOUS WASTE

  16. USEPA GUIDELINES • ISSUED IN 2004 • VOLUNTARY GUIDELINES FOR MANAGEMENT OF USED & SCRAP ELECTRONICS • BASED ON OECD & OTHER GUIDELINES • EMPHASIZES DUE DILIGENCE REGARDING MARKETS • ADDRESSES EXPORT

  17. CONTACT INFORMATION • Robert Tonetti • USEPA • Office of Solid Waste (5304P) • Washington, D.C. 20460 • Ph: 703 308-8878 • tonetti.robert@epa.gov

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