Environmental Regulations

Environmental regulations related to e-waste are dynamic, inconsistent, and a challenge to understand. There are federal laws that apply to hazardous waste generated by large businesses and institutions, state laws, and international rules to consider. In order to ensure Cascade is in compliance with this patchwork of legislation, we conduct annual compliance audits of our company and facilities. As a result, we exhaustively research the latest related requirements to demonstrate that Cascade is in compliance with these laws.

It is important to note that there is no such thing as a computer recycling company being "EPA Certified." Some companies claim this designation, but the EPA does not certify any electronics recycler, nor do they even have a standard that companies can be certified to. Sometimes, these firms may just have an "EPA ID Number" which is merely a registration number that identifies the company to their state and federal regulators. This does not indicate the company is responsible in any way.

To determine if a company is responsible, you need to do your own due diligence. See if they have been independently certified to a recognizable industry standard, such as ISO 14001 or the e-Stewards program. Better yet, visit them yourself. Cascade welcomes visits and audits of its facilities.

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Detailed Description of Applicable Regulatory Requirements and how Cascade Meets them

Regulatory Requirements

Cascade operates in accordance with federal, state and local regulations.  A discussion of current applicable regulatory regimes and whether Cascade is exempt or must comply with these regulations is provided. 

Federal Solid and Hazardous Waste Management Regulations

Solid waste management is regulated under the Solid Waste Disposal Act of 1976 (“SWDA”) as amended by the Resource Conservation and Recovery Act of 1984 (“RCRA”), 42 USC 6901 et seq.  State rules may differ and include additional regulations for solid waste management and these are described later.

In summary, under federal law, products picked up by Cascade that are intended for reuse are not considered solid waste under the SWDA.  The products acquired by Cascade only take on the characteristics of “waste” after Cascade determines that a product cannot be reused and must be recycled.  Even after Cascade makes the decision to recycle a product, a portion of the products destined for recycling are exempt from the SWDA and RCRA definitions of “waste.”  Both CRTs and printed circuit boards are exempt from the definition of solid and hazardous waste.  However, Cascade does need to comply with certain packaging and labeling requirements for these components.  Batteries and mercury-containing materials that are destined for recycling (with the exception of printed circuit boards that include minor amounts of mercury) will be regulated under RCRA’s Universal Waste rules.

Definition of Waste Regulated by the SWDA and RCRA.

Under SWDA and RCRA, materials that are collected for the purpose of refurbishing, are not considered waste that is regulated.  A solid waste is defined as “refuse,” “garbage,” or “discarded material.”  42 USC § 6903(27); 40 C.F.R. § 261.2(a)(1).  Computers and CRTs that are collected for refurbishment do not meet the definition of “discarded” which includes material that is “abandoned,” “recycled,” or “inherently waste-like.”  40 C.F.R. § 261.2(a)(2).  A used computer or any of its components may become “solid waste” when the decision is made that it cannot be refurbished and will either be disposed or recycled.   Therefore, until a decision is made by Cascade to dispose or recycle a computer or one of its components, Cascade’s collection and refurbishment operations are not regulated under SWDA and RCRA because the materials being handled are not “solid waste” under the definition of the rule.

Qualified Exemption of Computers and Cathode Ray Tubes from Hazardous Waste Regulations

Once the decision is made to discard or recycle a computer or a component, the material may be statutorily exempt from the definition of “solid waste.”  RCRA exempts specific computer components from the definition of solid waste if they are destined to be recycled.  40 C.F.R. § 261.4.  Whole circuit boards, even those containing minor battery or mercury-containing components, are considered as “scrap metal” and are excluded from the definition of solid waste.  63 Fed. Reg. 28,556, 28,625 (May 26, 1998) (discussing the inclusion of whole circuit boards in the scrap metal exemption); 40 C.F.R. § 261.4(13).  Shredded circuit boards that are free of mercury and batteries and are being recycled are also excluded from the definition of solid wastes.   40 C.F.R. § 261.4(14).  In addition, used and intact, or broken CRTs destined for recycling are excluded from the definition of waste unless they are being accumulated speculatively.   40 C.F.R. § 261.4(22).

Broken CRTs have specific packaging and handling requirements.   40 C.F.R. § 261.39(a).  These requirements are that the broken CRTs must be either: “(i) Stored 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, and closed to minimize releases to the environment of CRT glass (including fine solid materials).”  Each container in which broken CRTs are 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.”  In addition, used and broken CRTs must be transported in a container that meets the storage requirements above.  A copy of the complete regulations for packaging and handling CRTs (as well as a one page summary) is available on Cascade’s web site.

All electronic materials handled by Cascade are either reused or recycled.  Cascade does not intend to identify any of the material from the incoming product stream for disposal, with the possible exception of wood from console TVs and limited packaging waste.  Cascade only handles whole circuit boards and does not shred or disassemble printed circuit boards.  As such, it appears that the solid waste rules under RCRA, 40 C.F.R. pts.  261–267, do not apply to Cascade’s operations regarding computers, circuit boards, or intact CRTs.  As is discussed above, these products are excluded from the definition of solid waste.  Broken CRTs can also be handled as non-waste so long as specific packaging and labeling requirements under 40 C.F.R. § 261.39(a) are met.

Universal Waste: Batteries and Mercury-Containing Equipment, 40 C.F.R. pt. 273.

Universal waste is a subset of hazardous waste and, when disposed of, must be disposed at authorized hazardous waste facilities.  Federal universal waste rules apply to four specific solid waste streams: batteries, mercury-containing materials, pesticides, and lamps.  RCRA regulations provide an alternative set of management standards for each of these four universal waste streams in lieu of regulation under hazardous waste rules. 40 C.F.R. § 273.1.  Cascade does not handle pesticides or lamps, but may have batteries and mercury-containing materials in the products it handles.

It appears that the main universal waste that will be encountered by Cascade in computer refurbishment operations will be the battery power backup systems, rechargeable batteries, and internal batteries.  If these are not to be refurbished, but are to be recycled, they are regulated under the universal waste rule for batteries.  40 C.F.R. § 273.2.  In addition, any other batteries that are removed from the incoming products or that are otherwise generated as waste in the facility are included as universal waste. 

It is possible that small volumes of mercury-containing equipment that are not parts of circuit boards (and therefore not exempt from solid waste rules) could be included in the materials destined to be recycled.  Mercury-containing materials are regulated as Universal Waste under 40 C.F.R. § 273.4.  Mercury-containing equipment means a “device or part of a device (including thermostats, but excluding batteries and lamps) that contains elemental mercury integral to its function.”  40 C.F.R. § 273.9.  Free mercury that is not included in a device does not fall under this definition and may require handling as a hazardous waste.  The universal waste rules discussed below include requirements for packaging mercury-containing materials that show signs of leakage.  However, mercury that escapes from a product or package must be handled as a hazardous waste.  For this reason, Cascade does not accept products that are obviously leaking mercury.  In addition, should a release of mercury occur, Cascade may be required to conduct cleanup following hazardous waste regulations and Cascade would hire a consultant to assist it if such an event occurs.

Once battery or mercury-containing universal waste is identified for recycling (i.e., falls under the definition of solid waste), Cascade will become a “Handler of Universal Waste.”  Handlers of universal waste are not subject to the license and manifest requirements for transport that are required for hazardous waste.  A universal waste handler who does not accumulate more than a combined total of 5,000 kilograms (11,000 pounds) of all types of universal waste at any time is a Small Quantity Handler (“SQH”).  40 C.F.R. §  273.9.  Over 5,000 kilograms of accumulation at any one time means that the facility is a Large Quantity Handler (“LQH”).  Note also that the facility remains as a LQH for the remainder of the calendar year.

A SQH is not required to notify EPA of universal waste handling activities.  40 C.F.R. § 273.12.  Nor does federal law require a SQH to track off-site shipments of universal waste.  40 C.F.R. § 273.18.  A large quantity handler of universal waste must have sent written notification of universal waste management to the EPA Region in which it resides, and have received an EPA Identification Number, before meeting or exceeding the 5,000 kilogram storage limit.  40 C.F.R. § 273.32. 

Cascade’s universal waste handling is structured to remain below the 5,000 kilogram LQH threshold whenever possible. 
The following sections list the packaging and labeling requirements for a SQH that must also be followed. 
Containers for Universal Waste. 40 C.F.R. § 273.13.  A SQH must manage universal waste batteries and mercury-containing waste in a way that prevents releases of any universal waste or component of a universal waste to the environment.  The casings of the items cannot be breached by the SQH as part of its operations.  Batteries or mercury-containing components that show evidence of leakage must be contained in a closed and structurally sound container that must lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.  Containers for leaking batteries must be compatible with the contents of the batteries such that the leaking material cannot corrode the container. Cascade meets this requirement.
Labeling of Universal Waste.  40 C.F.R. § 273.14.  Containers that contain universal waste batteries must be clearly labeled “Universal Waste--Battery(ies),” or “Waste Battery(ies),” or “Used Battery(ies).”  Containers that contain mercury-containing universal waste must be clearly labeled “Universal Waste--Mercury Containing Equipment,” “Waste Mercury-Containing Equipment,” or “Used Mercury-Containing Equipment.”  Cascade meets this requirement.
Accumulation time limits.  40 C.F.R. § 273.15.  A SQH must be able to demonstrate the length of time that universal waste has been accumulated from the date it becomes a waste. There are a number of ways Cascade demonstrates this by:

• placing the universal waste in a container and labeling the container with the earliest date that any universal waste in the container became a waste or was received;
• maintaining an inventory system on-site that identifies the earliest date that any universal waste in a group of universal waste items or a group of containers of universal waste became a waste or was received; and,
• placing the universal waste in a specific accumulation area and identifying the earliest date that any universal waste in the area became a waste or was received;

Other SQH Requirements.  40 C.F.R. § 273.9.  A SQH must inform all employees who handle or have responsibility for managing universal waste of the proper handling and emergency procedures appropriate to the type(s) of universal waste handled at the facility.  This will include the correct procedures for containing and reporting spills.  Cascade meets these requirements.

State & Local Solid Waste Management Rules

In addition to Federal rules governing solid waste management, each facility is required to comply with state solid waste management rules.  To the extent that the state rules differ from federal regulations, they may impose additional requirements.

Texas Solid Waste Management Rules

The Texas code incorporates a definition for solid waste similar to that under the federal rules and adopts federal universal waste rules.  The Texas code defines solid waste as materials that have been “discarded” and specifically excludes items excluded from the federal definition under 40 C.F.R 261.4(a)(1)-(21), such as circuit boards.  30 Tex. Admin. Code § 335.1(133).  However, the rule that excludes CRTs from the federal definition of solid waste under 40 C.F.R 261.4(a)(22) has not been adopted by Texas.  Rather, Texas code regulates CRTs as lamps under the universal waste rules.   Texas code incorporates by reference the federal universal waste management rules.  30 Tex. Admin. Code § 335.261.  Therefore, Cascade follows Federal universal waste regulations governing lamps when handling CRTs to be compliant with Texas requirements.

For Cascade to qualify as a SQH will require that it never accumulate more than a combined total of over 11,000 pounds of all universal waste including CRTs at any one time.   Cascade must adhere to the Federal accumulation periods listed above and must meet packaging and labeling requirements for a SQH of lamps.  Lamps must be packaged in structurally sound containers so as to prevent escape of any releases.  Each lamp or a container or package in which such lamps are contained must be labeled or marked clearly with one of the following phrases: “Universal Waste--Lamp(s),” or "Waste Lamp(s),” or “Used Lamp(s).”  40 C.F.R. §§273.13 & .14.

There are no specific requirements to register or gain approval of a computer refurbishment facility under Texas state law.   Similar to the federal code, no permit is required for handlers of universal waste in Texas.  30 Tex. Admin. Code § 335.2(l).

Delaware Solid Waste Management Rules

Like the federal code, the Delaware code incorporates a definition for solid waste that defines solid waste as materials that have been “discarded.”  7 Del. Admin. Code § 1301; 7 Del. Code Regs. § 6402(10).  However, Delaware has not specifically adopted the federal rules exempting CRTs from hazardous waste regulations.   The Delaware hazardous waste regulations exclude from the definition of solid wastes specific materials that are being recycled.   Based on a review of the Delaware codes and conversations with Delaware Department of Natural Resources and Environmental Control (DNREC) staff, it appears that the used CRTs and circuit boards processed by Cascade at its Delaware facility may be classified as solid waste under Delaware law.  According to DNREC staff, the facility may either require a Beneficial Use Determination (BUD) or be classified as a Resource Recovery Facility (RRF) that will require approval of the DNREC, under Delaware’s solid waste management regulations.  7 Del. Admin. Code § 1301 §2.5.2. 

To obtain a BUD or approval to operate a RRF, a person must submit the relevant application form and the following information to the DNREC: (1) A written plan of operation describing the types and quantities of materials that will be accepted at the facility, the processing methods and equipment that will be used, and the products that will be produced, and (2) documentation demonstrating the existence of a market or markets for the product(s).  7 Del. Admin. Code § 1301 §2.5.2. 

Cascade applied for the RRF and this permit application is still under review.
Delaware has promulgated the same rules for universal waste management as are in the federal code.  7 Del. Admin. Code § 273.  A SQH is not required to notify DNREC of its universal waste handling activities.  7 Del. Admin. Code. § 273.12.

Washington State Solid Waste Management Rules

Washington State has solid and hazardous waste management rules that, in general, reflect Federal regulations.   Wash. Admin. Code ch. 173-303.  In general, for the purposes of Cascade’s operations, with one exception, the definition of hazardous waste under Washington law is the same as that under RCRA and includes similar exemptions and exceptions.  Wash. Admin. Code §§ 173-303-040,  303-071(oo) (exemption for CRTs), & 303-071(3)(ff) (exemption for circuit boards). 

The one difference between Federal and Washington state solid waste rules is in the packaging requirements for CRTs.  Under RCRA, only broken CRTs have specific packaging, labeling and handling requirements.  40 C.F.R. § 261.39(a).  Under Washington state code, all CRTs, whole and broken, have to be containerized and labeled.  Wash. Admin. Code 173-303-071(oo).  CRTs must be stored in a building or be placed in a container that is “constructed, filled, and closed to minimize releases to the environment of CRT glass.”  Containers holding CRTs must be clearly labeled “used cathode ray tube(s) — contains leaded glass” or “leaded glass from televisions or computers” and it must also be labeled “do not mix with other glass materials.” Wash. Admin. Code § 173-303-071(oo)(A), (B).  CRTs must be transported in containers as described above.
There are no specific requirements to register or gain approval of a computer refurbishment facility under Washington state law.

Washington’s universal waste rules reflect those of RCRA and do not impose additional restrictions or requirements on Cascade’s operations.   Wash. Admin. Code § 173-303-573.  A SQH is not required to notify the state of its universal waste handling activities.  Wash. Admin. Code § 173-303-573(8). 

California State Solid Waste Management Rules

In California, electronic devices and CRTs are conditionally exempt from management as hazardous wastes and are regulated as universal wastes.  22 Cal. Code Regs § 66261.9(a).  Unused electronic devices and CRTs do not become waste until the owner decides to discard it.  22 Cal. Code Regs § 66273.3(c) (electronic devices); 22 Cal. Code Regs § 66273.6(c) (CRTs).  Therefore, only materials that Cascade determines cannot be resold and are set aside for recycling are regulated under the universal waste rules.

Facilities that generate electronic universal waste and CRTs are classified as handlers of universal waste.  To qualify as an SQH requires that Cascade never accumulate a combined total of more than 11,000 pounds of discarded electronic devices, CRTs, and other universal wastes.  In addition to being a SQH, Cascade may also be classified as a recycler of electronic universal waste.  Removal of component parts from electronic devices that have been identified for recycling constitutes a treatment activity. 22 Cal. Code Regs §§ 66273.13(d)(3)(B).   An SQH that treats universal electronic waste is classified as a recycler and must manage all materials produced from the treatment of universal waste electronic devices in a manner that prevents a release of any universal waste electronic devices or any components.  22 Cal. Code Regs §§ 66273.13(d)(3)(F).

An SQH must adhere to the Federal accumulation periods for universal waste listed above.  nA SQH must meet packaging and labeling requirements for na SQH of electronic wastes and CRTs.  An SQH must collect electronic devices and CRTs in containers that are structurally sound, and compatible with the contents of the device or component.  22 Cal. Code Regs §§ 66273.13(d), 66273.3(d), & 66273.8(a).  Containers must lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.  Note that whole devices that are shrink-wrapped on a pallet meet these packaging requirements.  An SQH must also immediately clean up and place in a container any electronic device or component that is broken, or shows signs of leakage or damage. 

Universal waste electronic device or container in which universal waste electronic devices are contained must be labeled or marked clearly with one of the following phrases: “Universal Waste-Electronic Device(s),” or “UW-Electronic Device(s).”  22 Cal. Code Regs. § 66273.14(d).

Similarly, a handler of CRTs must correctly label containers with CRTs.  Each container or pallet must be labeled or marked clearly with one of the following phrases:
(a) For CRTs, “Universal Waste--CRT(s)” or “UW--CRT(s);”
(b) For CRT Devices, “Universal Waste--CRT Device(s)” or “UW--CRT Device(s);“
(c) For CRT Glass, “Universal Waste--CRT Glass” or “UW--CRT Glass.”
In lieu of labeling individual CRTs or CRT devices, a CRT material handler may accumulate CRTs and CRT devices within a designated area demarcated by boundaries that are clearly labeled as described above provided no other materials are stored within that area.

An SQH or recycler of electronic devices and CRTs must notify the DTSC of its intent to handle universal waste electronic devices and CRTs 30 days prior to accepting universal waste.  22 Cal. Code Regs §§ 66273.13(d)(2)(A) & 66273.82(a).   For leased facilities, an SQH or recycler is also required to notify its landlord of intent to handle electronic universal waste.  Cascade has submitted notification to DTSC and notified the landlord of the facility.  Cascade’s Recycler Registration number is 4012.

In addition, to be eligible for compensation from the state through the California Integrated Waste Management Board’s (CIWMB) “Covered Electronic Waste Recovery and Recycling Payment System,” an application for approval as a collector and/or recycler.  Cascade submitted its application in November, 2008 for approval as a collector.

An SQH of universal waste electronic devices that conducts treatment activities and an SQH that handles more than 5 CRTs annually must submit an annual report of its universal waste electronic device and CRT handling activities.  22 Cal. Code Regs § 66273.13(d)(2)(B).  Reports are due to DTSC on February 1 of each year.

Colorado State Solid Waste Management Rules

In Colorado, electronic devices and components, including CRTs are regulated as universal waste.  6 CCR 1007-3 pt. 273.  An electronic device is defined as electronic equipment that contains one or more electronic circuit boards or complex electronic circuitry, including televisions, computer monitors, CPUs, laptops, printers, terminals, mainframes and stereo equipment.  6 CCR 1007-3 § 273.9.  Unused electronic devices do not become waste until “the handler decides to discard it.”  6 CCR 1007-3 § 273.2(f)(3)(iv).   At this time, the waste handler becomes the generator of the electronic universal waste.

For Cascade to qualify as an SQH will require that it never accumulate more than a total of 11,000 pounds of discarded electronic devices and other universal wastes combined.  Cascade must adhere to the accumulation periods for universal waste listed above and meet packaging and labeling requirements for a SQH of electronic wastes.  An SQH must contain electronic devices and electronic components in containers that are structurally sound, adequate to prevent breakage, and compatible with the contents of the device or component.  6 CCR 1007-3 § 273.13.  Such containers must lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.  An SQH must also immediately clean up and place in a container any electronic device or component that is broken, or shows signs of leakage or damage. 

Each universal waste electronic device or container in which universal waste electronic devices are contained must be labeled or marked clearly with one of the following phrases: “Universal Waste-Electronic Device(s),” or “Waste Electronic Device(s),” or “Used Electronic Device(s).”

An SQH of electronic devices may also disassemble universal waste electronic devices provided the handler complies with the following:

• The SQH ensures that the universal waste electronic devices are disassembled in a manner designed to prevent the release of any universal waste or component of universal waste to the environment;
• Ensures that the disassembly operations are performed safely by developing and implementing a written procedure detailing how to safely disassemble each universal waste electronic device managed at the facility;
• Ensures that a spill clean-up kit is readily available to immediately clean up spills or leaks of the contents of the universal waste electronic device which may occur during disassembly operations;
• Immediately segregates and transfers the disassembled electronic components to containers that meet the requirements of § 262.34;
• Ensures that employees are thoroughly familiar with the procedures for disassembling universal waste electronic devices, proper waste handling, and emergency procedures relevant to their responsibilities during normal facility operations and emergencies; and
• Maintains a system to ensure compliance with the written disassembling and management procedures.

Cascade meets Colorado’s requirements.

Florida State Solid Waste Management Rules

Florida adopts federal solid waste and universal waste rules, 40 C.F.R. Part 261 et seq., by reference.  Fla. Admin. Code §§ 62-730.030 & 62-730.185.  On June 16, 2008, Florida Department of Environmental Protection issued a memorandum clarifying application of the Federal CRT Rule in Florida.  A copy of that memo is available at http://www.dep.state.fl.us/waste/quick_topics/publications/shw/electronics/Guidance/DEPElectronicsRegulatoryGuidelinesMemo061608.pdf. There are no additional requirements in Florida over Federal solid waste management regulations.  In addition, no additional notification or permitting is required by Florida law to operate Cascade’s facility.

Indiana State Solid Waste Management Rules

Indiana’s e-waste regulations (329 IAC 16) exclude e-waste from regulation as solid and hazardous wastes if they are sent for reuse or recycling instead of disposal. E-waste generators must abide by the management standards in the regulations under the generator exclusion found in 329 IAC 16-3-1(7). If these management standards are followed, e-waste is not considered a hazardous waste and need not be managed as such.

Cathode ray tubes (CRT), which are found in computer and television screens, sent for disposal from Small or Large Quantity Generators must be manifested as "hazardous waste" and sent to a permitted hazardous waste landfill. Other e-wastes such as CPUs, keyboards, and mice sent for disposal must undergo a waste determination and be managed accordingly as solid or hazardous waste.

Facilities that store and / or process e-waste (including dismantling and recycling operations) may be subject to Indiana’s Electronics Waste Management regulations, 329 IAC 16. The regulations require facilities to register with the State, adhere to certain management standards, and maintain financial assurance.

Cascade’s facility was inspected by IDEM on February 12, 2008 and was approved for registration with the state.  The facility maintains a $20,000 Surety Bond with the State of Indiana as beneficiary to provide the necessary financial assurance in the event of closure.

Wisconsin State Solid Waste Management Rules

Regulations affecting computer recyclers are reduced to encourage recycling. To be exempt from full hazardous waste regulation, recyclers should manage their CRTs, monitors and terminals following the guidelines below. Wisconsin recyclers that fail to follow these are subject to the hazardous waste recycling requirements in ch. NR 661.

Storage: Broken or processed CRTs must either be stored in a building with a roof, floor and walls, or placed in a container (i.e. a package or a vehicle) that is constructed, filled and closed to minimize identifiable releases of CRT glass to the environment (including fine solid materials). CRTs undergoing processing are subject to the same requirements for storage, labeling and speculative accumulation as stated above for CRTs destined for recycling. Speculative accumulation of CRTs is not allowed.

Labeling: Each container in which broken or processed CRTs are contained must be labeled or marked clearly with one of the following phrases: “waste cathode ray tubes – contains leaded glass” or “used cathode ray tubes – contains leaded glass”. Containers must also be labeled: “do not mix with other glass materials”.

Processing: All CRTs must be processed within a building with a roof, floor and walls, and no activities using temperatures high enough to volatilize lead from CRTs may be performed.
Record keeping: Facilities accumulating or processing CRTs must keep records for at least three years to verify that CRTs are being recycled and that speculative accumulation has not occurred.

Transportation: All broken or processed CRTs must be transported in a container that meets the requirements described in the storage and labeling standards above.

Speculative Accumulation: All CRTs are subject to speculative accumulation prohibitions as defined in ch. NR 661.01(3)(h), Wis. Adm. Code. This means that accumulating material is not allowed unless the person accumulating the material can show that the material is potentially recyclable and has a feasible means of recycling it. Also, the amount of material recycled or transferred to a different site for recycling must equal at least 75% by weight or volume of that material accumulated from the beginning of the period. CRT glass sent to CRT glass-to-glass recycling or lead smelting is not a hazardous waste unless it is speculatively accumulated.

Facilities managing CRTs shall keep records for three years to verify CRTs were recycled and speculative accumulation did not occur.  Computer components other than monitors are exempt from full hazardous waste regulation if the circuit boards they contain are recycled as scrap metal and if the generator complies with NR 661.02 Table 1 and s. NR 661.06(1)(c)2.

Recycling facilities that receive computers from businesses or institutions cannot legally dispose components or parts that are hazardous waste in Wisconsin solid waste landfills or incinerators.

Cascade meets Wisconsin’s requirements.

Department of Transport Rules Regulating Hazardous Materials

The U.S. Department of Transport, Pipeline and Hazardous Materials Safety Administration (USDOT) regulates the transport of hazardous materials.  The definition of a hazardous material is broad and includes hazardous substances, hazardous wastes, marine pollutants, elevated temperature materials, certain designated materials, and materials that meet the definition for certain hazardous classes of materials.  49 C.F.R. 171.8.  A comprehensive list of regulated materials and the regulatory requirements when transported is provided in the “Hazardous Materials Table.”  49 C.F.R. § 172.101.  In addition, materials that are also subject to hazardous materials regulation when transported in amounts over threshold values are listed in Appendix A to 49 C.F.R. § 172.101 along with their threshold values (the “Hazardous Substances Table”). 

It is important to note that the form of the material is important in evaluating applicability of the hazardous materials regulations.  For example, lead which is found in large amounts in CRT glass appears not to be regulated as a hazardous material.  Lead metal is not listed in the Hazardous Materials Table.  Although lead metal is listed in the Hazardous Substances Table with a threshold value of 10 pounds, the lead must be in pieces of the metal having a diameter smaller than 100 micrometers (0.004 inches).  Thus, lead in an intact CRTs is apparently not counted under this threshold limit.

Batteries that contain liquid electrolytes and Lithium batteries may be hazardous materials.  There are specific hazardous materials regulations that govern the transportation of batteries with liquid electrolytes, 49 C.F.R. § 173.159, and specific rules apply to lithium batteries.  49 C.F.R. § 173.185.  Uninterrupted power supplies (UPS) are considered as batteries and will, therefore, fall under one of these two regulations depending on the type of battery.   These regulations include specific packaging and labeling requirements for various types of batteries.  Lithium batteries destined for recycling may fall under an exemption to the packaging and labeling requirements.  Under 49 C.F.R. § 173.185(d), lithium batteries shipped for the purpose of recycling are exempt from USDOT packaging requirements for lithium batteries when they are protected against short circuits and packed in a strong outer packaging that conforms with  49 C.F.R. §§ 173.24 & 173.24a.

Cascade contracts with licensed hazardous waste haulers to transport potentially regulated hazardous wastes (e.g., batteries) to final processors. 

Superfund Amendments and Reauthorization Act (SARA)

Title III: The Emergency Planning and Community Right-to-Know Act (EPCRA)

EPCRA, implemented as 40 C.F.R. pts. 350–372, requires facilities to report the hazardous chemicals that are used and stored on the facility to the state and federal agencies responsible for emergency response.  There are three programs that a facility must consider when determining whether materials that are stored or used on the facility are reportable.  These are: the Local Emergency Planning Requirements under EPCRA §302(c), Hazardous Chemical Storage Reporting Requirements under EPCRA §§311 & 312, and Toxics Release Inventory Reporting under EPCRA § 313. 
Local Emergency Planning Requirements under EPCRA §302(c).  40 C.F.R. § 355.30. This component of EPCRA requires facilities to report amounts of extremely hazardous substance when they occur at the facility over a specified threshold.  It is possible that the New Facilities may have reportable quantities of extremely hazardous substances.  For example, sulfuric acid is an extremely hazardous substance with a reporting threshold of 1,000 pounds.  Sulfuric acid is a component in lead acid batteries that may be present on the facility in forklift trucks or other vehicles used in the facility.  Therefore, if the total amount of sulfuric acid in batteries present on the facility exceeds 1,000 pounds, this must be reported.   Lead found in batteries and CRTs is not an extremely hazardous substance, therefore the section 302(c) reporting requirements do not apply to the lead in the batteries.
In addition to reporting the presence of extremely hazardous substances, a facility must report a release of such a substance that occurs above a specified reportable quantity.  40 C.F.R. § 355.40.  In the event of a release of any chemical that Cascade has determined is an extremely hazardous substance at any of its facilities, Cascade will retain a consultant to assist it with reporting and cleanup requirements.
Hazardous Chemical Storage Reporting Requirements under EPCRA §§311 & 312 (Tier I/II).  40 C.F.R. pt. 370
Hazardous Chemical Storage Reporting Requirements under EPCRA §§311 & 312 apply to hazardous chemicals used or stored in the workplace for which the facility is required to maintain a material safety data sheet (MSDS) under Occupational Safety and Health Administration (OSHA) regulations.  40 C.F.R. § 370.20(a).  The facility is required to submit the MSDSs (or a list of the chemicals) to their State Emergency Response Commission (SERC), Local Emergency Planning Committee (LEPC) and local fire department.  40 C.F.R. § 370.21.  In addition, facilities must report an annual inventory of these chemicals by March 1 of each year to their SERC, LEPC and local fire department on a Tier I or Tier II form.  40 C.F.R. § 370.21. 
Reporting thresholds apply to each substance and a facility need not report substances that remain present below these thresholds throughout the year.  For extremely hazardous substances, such as sulfuric acid in lead acid batteries, the reporting threshold is 500 pounds.  40 C.F.R. § 370.20(b)(1).  For all other hazardous chemicals the threshold is 10,000 pounds.  40 C.F.R. § 370.20(b)(4).   Cascade’s hazardous substances fall below these thresholds are therefore does not need to report.
In addition, an important exemption may apply to Cascade’s operations.  Chemicals that are or are a component of “Articles” are not subject to OSHA hazard communication requirements, including the requirement to maintain MSDS at the facility (the “Article Exemption”).  29 C.F.R. § 1910.1200 (b)(6)(v).  EPCRA reporting only applies to hazardous chemicals for which the facility is required to maintain an MSDS.  An “Article” is defined as a manufactured item which is formed to a specific shape or design during manufacture; has an end use function dependent upon its shape or design; and which under normal conditions of use does not release more than very small quantities of a hazardous chemical and does not pose a physical hazard or health risk to employees.  29 C.F.R. § 1910.1200(c).  CRTs, circuit boards, and individual components of circuit boards likely meet the Article Exemption so long as they retain their original shape and function and are not broken to cause a release during processing.  If these items qualify for the Article Exemption that MSDSs would not be required and, therefore, would be exempt from EPCRA Tier I/II

Toxics Release Inventory Reporting under EPCRA § 313 (Tier III).  40 C.F.R. pt. 372.  EPCRA § 313 requires certain facilities manufacturing, processing, or otherwise using listed toxic chemicals to report their environmental releases of such chemicals annually and is otherwise known as Form R reporting.  Tier III reporting only applies to certain industries listed in the North American Product Classification System (NAPSC) subsectors that process or use a hazardous substance over specified thresholds.  40 C.F.R. § 372.22.  Tier III reporting may not apply if Cascade does not fit into any of the industrial classifications listed under 40 C.F.R. § 372.23.  In addition, the Article Exemption applies to Tier III reporting.  40 C.F.R. § 372.38(b). Therefore, if Cascade’s process does not change the shape or design of the product and does not result in the release of more than 0.5 pounds of lead or any other hazardous chemical in a reporting year, then Tier III reporting may not apply.   In addition, § 313 does not apply to non-aerosol forms of sulfuric acid.  60 Fed. Reg. 34182 (June 30, 1995).  Therefore, sulfuric acid in batteries may not require reporting.

Other Regulations

Clean Air Act

The Clean Air Act applies to emissions of chemical pollutants from the proposed facility.  This can include emissions from the boiler used for heating the facility and emissions from application of solvents to clean the products or remove labels.  In many states, the Clean Air Act is administered under state programs called State Implementation Plans (SIPs) that are approved by EPA. 

Facilities using very small quantities of volatile chemicals are generally exempt from regulation under most state SIPs.  For example, in most states facilities that emit less than 10 to 100 tons per year of volatile organic compounds (“VOCs”) or that emit less that 10 tons per year of specific hazardous pollutants are exempt from regulation. 

It appears that the principal emissions source for Cascade facilities is the use of solvents to clean and remove labels from the electronic equipment.  Based on this understanding, Cascade’s emissions from operations are considered to be below the regulatory thresholds and, therefore, be exempt from air emissions regulation. 

Waste water

Cascade does not produce waste water from its regular industrial processes at its facilities and therefore waste water regulations and permitting will not apply.  However, should there be a release of chemicals used by Cascade in the refurbishment process or chemicals contained in the electronic equipment, such as a leaking battery, Cascade will seek professional and legal advice regarding disposal of waste water derived from cleanup of the spill.

Stormwater

Stormwater permitting is based on the Federal Clean Water Act and is usually implemented by the states.  33 U.S.C §1251 et seq.  Stormwater discharge permits are required by certain industries if raw materials or waste materials are exposed to rainwater or snow melt.  This can include loading docks, dumpsters without lids, and any other outdoor areas that are not covered and used to store products.  Industries that usually require a stormwater permit are generally engaged in heavy or light manufacturing and have been categorized under the Clean Water Act into Tier 1 and Tier 2 categories.   For facilities that are in a category of industry usually required to have a stormwater permit, a facility that has no exposure to rainwater or snow melt may register under a no-exposure exemption.

Cascade is eligible for the no-exposure exemption because all of its industrial activities are conducted inside a building.  Since no products or waste materials are exposed to rainwater, then Cascade is eligible to file a no-exposure certification with the state agency that would exempt it from requiring a stormwater permit. 

Occupational Safety and Health Administration (OSHA)

Cascade is required to comply with OSHA regulations.  In addition to federal OSHA requirements, states may operate their own workplace safety and health plans and state rules may differ from federal rules.  If state rules meet or exceed OSHA federal requirements and the state plan is certified by OSHA, then satisfaction of state workplace safety and health requirements will satisfy OSHA requirements.  This is the case for Washington State which operates its own state workplace safety and health program that is certified by OSHA.  Texas and Delaware, like Wisconsin, do not have OSHA certified state safety and health programs.  Therefore, the same federal workplace OSHA requirements that apply to Cascade’s existing Wisconsin facility will apply to the Texas and Delaware facilities.  In addition, Texas and Delaware have state rules that may differ in certain areas from OSHA requirements.  Cascade has sought state program support to determine OSHA and state occupational health compliance.

Cascade’s Madison facility was inspected by OSHA on January 3, 2008.  The facility was cited for three violations; 2 of which were corrected during the inspection and the other corrected on March 27, 2008. 

 

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