DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

Solid and Hazardous Waste Commission/Hazardous Materials and Waste Management Division

6 CCR 1007-3

hazardous waste

Cathode Ray Tubes Amendments

1) Section 260.10 is amended by adding in alphabetical order the following definitions for “Cathode ray tube,” “CRT collector,” “CRT glass manufacturer,” and “CRT processing”, to read as follows: 

§ 260.10  Definitions

* * * * * 
 “Cathode ray tube” or “CRT” means a vacuum tube, composed primarily of glass, which is the visual or video display component of an electronic device. A used, intact CRT means a CRT whose vacuum has not been released. A used, broken CRT means a CRT whose vacuum has been released.

* * * * *

“CRT collector” means a person who receives used, intact CRTs for recycling, repair, resale, or donation.
 
“CRT glass manufacturer” means an operation or part of an operation that uses a furnace to manufacture CRT glass.

“CRT processing” means conducting all of the following activities:
(1) Receiving broken or intact CRTs; and
(2) Intentionally breaking intact CRTs or further breaking or separating broken CRTs; and
(3) Sorting or otherwise managing glass removed from CRT monitors.

* * * * *

2) Section 261.4 is amended by adding a new paragraph (a)(22) to read as follows:

§ 261.4  Exclusions.

(a)  * * * 
(22) Used cathode ray tubes (CRTs)

(i) Used, intact CRTs as defined in § 260.10 of these regulations are not solid wastes unless they are disposed, or unless they are speculatively accumulated as defined in § 261.1(d)(8) by CRT collectors or glass processors.
 
(ii) Used, intact CRTs as defined in § 260.10 of these regulations are not solid wastes when exported for recycling provided that they meet the requirements of § 261.40.

(iii) Used, broken CRTs as defined in § 260.10 of these regulations are not solid wastes provided that they meet the requirements of § 261.39.
	
(iv) Glass removed from CRTs is not a solid waste provided that it meets the requirements of § 261.39.

* * * * *

3) The Table of Contents for Part 261 is amended by adding Subpart E to read as follows:

Subpart E--Exclusions/Exemptions

Sec.
261.39 Conditional Exclusion for Used, Broken Cathode Ray Tubes (CRTs) and Processed CRT Glass Undergoing Recycling.
261.40 Conditional Exclusion for Used, Intact Cathode Ray Tubes (CRTs) Exported for Recycling.
261.41 Notification and Recordkeeping for Used, Intact Cathode Ray Tubes (CRTs) Exported for Reuse.

4) Part 261 is amended by adding Subpart E to read as follows:

Subpart E--Exclusions/Exemptions

§ 261.39  Conditional Exclusion for Used, Broken Cathode Ray Tubes (CRTs) and Processed CRT Glass Undergoing Recycling.

Used, broken CRTs and glass removed from CRTs are not solid wastes if they meet the following conditions:

(a) Prior to processing: These materials are not solid wastes if they are destined for recycling and if they meet the following requirements:
    
(1) Storage. The broken CRTs and glass removed from CRTs must be either:
(i) Stored and secured in a building with a roof, floor, and walls, or
(ii) Placed in a container (i.e., a package or a vehicle) that is constructed, filled, closed and secured to minimize releases to the environment of CRT glass and other hazardous waste constituents (including fine solid materials).

(2) Labeling. Each container in which the used, broken CRT and/or glass removed from CRTs is contained must 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 must also be labeled: “Do not mix with other glass materials.”
    
(3) Transportation. The used, broken CRTs and glass removed from CRTs must be transported in a container meeting the requirements of paragraphs (a)(1)(ii) and (2) of this section.

(4) Speculative accumulation and use constituting disposal. The used, broken CRTs and glass removed from CRTs are subject to the limitations on speculative accumulation as defined in § 261.1(d)(8) of these regulations. If they are used in a manner constituting disposal, they must comply with the applicable requirements of Part 267, subpart C instead of the requirements of this section.

(5) Exports. In addition to the applicable conditions specified in paragraphs (a)(1)-(4) of this section, exporters of used, broken CRTs and glass removed from CRTs must comply with the requirements of 40 CFR § 261.39(a)(5).

   (b) Requirements for used CRT processing: Used, broken CRTs undergoing CRT processing as defined in § 260.10 of these regulations 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) and  (a)(4) of this section.

(2) Processing.

(i) All activities specified in paragraphs (2) and (3) of the definition of “CRT processing'' in § 260.10 of these regulations must be performed within a building with a roof, floor, and walls; and

(ii) 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 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 § 261.1(d)(8) of these regulations, and provided that the requirements of § 261.39 are met during storage after processing and before shipping to the glass recycler. 

(d) Use constituting disposal: Glass from used CRTs that is used in a manner constituting disposal must comply with the requirements of Part 267, subpart C of these regulations instead of the requirements of this section.

§  261.40  Conditional Exclusion for Used, Intact Cathode Ray Tubes (CRTs) Exported for Recycling.

Used, intact CRTs exported for recycling are not solid wastes if they meet the notice and consent conditions of 40 CFR § 261.39(a)(5), and if they are not speculatively accumulated as defined in § 261.1(d)(8) of these regulations.

§ 261.41  Notification and Recordkeeping for Used, Intact Cathode Ray Tubes (CRTs) Exported for Reuse.

Persons who export used, intact CRTs for reuse must comply with the requirements of requirements of 40 CFR § 261.41.

5) Add Section 8.65 {Statement of Basis and Purpose for the Rulemaking Hearing of August 21, 2007} to Part 8 of the Regulations as follows:

Statement of Basis and Purpose
Rulemaking Hearing of August 21, 2007

8.65 	Basis and Purpose.

These amendments to 6 CCR 1007-3, Parts 260 and 261 are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.

Cathode Ray Tube Amendments

These amendments revise the Colorado Hazardous Waste Regulations (6 CCCR 1007-3) to streamline the hazardous waste management requirements for recycling of used cathode ray tubes (CRTs) and glass removed from CRTs. 

The amendments being adopted at this time include the following:

a.	Adding definitions of “cathode ray tube”, “CRT collector”, “CRT glass manufacturer”, and “CRT processing” to § 260.10 of the Regulations;
b.	Adding an exclusion from the definition of solid waste for used CRTs and processed glass removed from CRTs at § 261.4(a)(22) of the Regulations;
c. 	Adding a conditional exclusion at § 261.39 of the Regulations for used, broken cathode ray tubes (CRTs) and processed CRT glass undergoing recycling;
d.	Adding a conditional exclusion at § 261.40 of the Regulations for used, intact cathode ray tubes (CRTs) exported for recycling; and 
e.	Adding notification and recordkeeping requirements at § 261.41 of the Regulations for used, intact cathode ray tubes (CRTs) exported for reuse.

These amendments are equivalent to, or less stringent than the existing provisions, and Colorado is not required to adopt these provisions.  Nevertheless, the Department believes that these amendments will encourage recycling and reuse of used CRTs without compromising human health or environmental protection.

This Basis and Purpose incorporates by reference the applicable preamble language for the Environmental Protection Agency regulations that were published in the Federal Register at 72 FR 42928-42949, July 28, 2006 for which state analogs are being adopted at this time.