| (a) Covered television equipment collected under this
subchapter must be disposed of or recycled in a manner that complies
with federal, state, and local law.
(b) The commission adopts, as standards for recycling
or reuse of covered television equipment under this subchapter, the
following portions of the standards in "Electronics Recycling Operating
Practices" as approved by the board of directors of the Institute
of Scrap Recycling Industries (ISRI), Incorporated, April 25, 2006.
The remaining portions of the standards are voluntary unless required
by other law. The adopted standards apply to covered television equipment
recycled or reused in this state. If at any time the United States
Environmental Protection Agency (EPA) adopts standards for recycling
or reuse of television equipment that are determined by the commission
to be an acceptable substitute, the commission may, by rule, revoke
the ISRI standards and adopt the EPA standards.
(1) General requirements for recyclers.
(A) Following all efforts to refurbish or reuse covered
television equipment, the remaining covered television equipment shall
be manually dismantled for reusable components or processed for recycling
either in accordance with §328.4(b) of this title (relating to
Limitations on Storage of Recyclable Materials) for those facilities
subject to and not exempted from that section, or in accordance with
the following conditions for those facilities exempt from or not subject
to §328.4(b) of this title.
(i) The facility can show that the material is potentially
recyclable and has an economically feasible means of being recycled.
(ii) Every six months, the amount of material that
is processed for recycling (as defined in §328.2 of this title
(relating to Definitions)), or transferred to a different site for
recycling, equals at least 50% by weight or volume of the material
accumulated at the beginning of the six-month period. "Every six months"
starts, for a new recycling facility, 180 days after opening; for
an existing recycling facility, 180 days after the facility, under
this subchapter, starts providing services to a manufacturer. In calculating
the percentage or turnover, the percentage requirements shall be applied
to each material of the same type.
(B) Recyclers shall only dispose of covered television
equipment that cannot be refurbished; reused; or, in accordance with
Chapter 335 of this title (relating to Industrial Solid Waste and
Municipal Hazardous Waste), §330.11(e) of this title (relating
to Notification Required), and Subchapter A of this chapter (relating
to Purpose and General Information), recycled.
(C) For all transfers of covered television equipment
intended for recycling, recyclers shall maintain commercial contracts,
or equivalent commercial arrangements, that shall include:
(i) covered television equipment quantity and type;
(ii) packaging requirements; and
(iii) recycling methods and specifications.
(D) Recyclers shall maintain records for a minimum
of three years; or longer if required by local, state, or federal
law; including any of the following which are applicable:
(i) manifests;
(ii) bills of lading;
(iii) waste disposal records; and
(iv) records that document:
(I) if the covered television equipment is sent to
a facility affiliated with (as defined in §328.2 of this title)
the recycler, the facility's location, and the condition of the covered
television equipment (refurbished, reusable, recyclable, or to be
determined); and
(II) if the covered television equipment is sent to
a facility not affiliated with (as defined in §328.2 of this
title) the recycler, the location of the first unaffiliated facility
to which the covered television equipment is sent and the condition
of the covered television equipment (refurbished, reusable, recyclable,
or to be determined).
(E) Recyclers shall maintain and possess a written
work practice that specifically addresses, at least, the following:
(i) lead;
(ii) mercury;
(iii) beryllium;
(iv) cadmium;
(v) batteries;
(vi) polychlorinated biphenyls; and
(vii) free-flowing fluids such as oils and lubricants.
(F) Recyclers shall ensure that covered television
equipment is stored and processed in a manner that minimizes the potential
release of any hazardous substance into the environment.
(G) Recyclers shall package all covered television
equipment designated for reuse in a manner that protects against damage
and minimizes the potential for releases of hazardous substances during
storage and transportation. Recyclers must package all covered television
equipment designated for processing in a manner that minimizes the
potential for releases of hazardous substances during storage and
transportation.
(H) The covered television equipment recycling facility
shall operate in accordance with the closure and financial-assurance
requirements of §328.5 of this title (relating to Reporting and
Recordkeeping Requirements), unless exempted under §328.5 of
this title.
(2) Manual dismantling and mechanical processing at
a covered television equipment recycling facility.
(A) Following all efforts to refurbish or reuse covered
television equipment, the remaining covered television equipment should
be dismantled for useable components or commodities; processed for
recycling in accordance with the following conditions; or properly
disposed of in accordance with paragraph (1)(B) of this subsection.
(i) The facility can show that the material is potentially
recyclable and has an economically feasible means of being recycled.
(ii) Every six months, the amount of material that
is processed for recycling (as defined in §328.2 of this title),
or transferred to a different site for recycling, equals at least
50% by weight or volume of the material accumulated at the beginning
of the six-month period. "Every six months" starts, for a new recycling
facility, 180 days after opening; for an existing recycling facility,
180 days after the facility, under this subchapter, starts providing
services to a manufacturer. In calculating the percentage of turnover,
the percentage requirements shall be applied to each material of the
same type.
(B) Recyclers shall have a written, up-to-date plan
for responding to and reporting pollutant releases, including accidents,
spills, fires, or explosions.
(C) Hazardous waste shall be managed, recycled, and
disposed of in accordance with Chapter 335 of this title.
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