Proposed Used Electronic Equipment Rulemaking
Purpose of the Rulemaking
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The NYSDEC is currently drafting express terms as part of the proposed rulemaking for the management of used electronic equipment. Posting of the preliminary draft regulation is anticipated for fall 2009, followed by further opportunity for public comment.
The resulting proposed rulemaking will amend NYSDEC regulations to streamline the management of used electronic equipment, whether regulated as hazardous waste or solid waste, so that collection and recycling will become more efficient and safer, and manufacturer take-back programs will not be discouraged by regulatory impediments. The main issues to be addressed in the proposed rulemaking are:
- Adopting provisions of the Federal Cathode Ray Tube (CRT) Rule
- Adopting management standards for Collectors, Dismantlers, and Recyclers of Used Electronic Equipment
- Adopting provisions of the New York State Wireless Telephone Recycling Act
- Amending the requirements of New York's current Generator "c7" Notification
Adopting Provisions of the Federal CRT Rule
Currently in NYS, intact CRTs destined for recycling are eligible for the hazardous scrap metal exemption. When the CRT glass is no longer adherent to the metal, CRT glass could be regulated hazardous waste. The Federal CRT Rule [Federal Register: July 28, 2006 (Volume 71, Number 145)] contains the following provisions:
- Conditional Exclusion
- Glass to Glass making
- Lead Smelting (fluxing agent)
- Export Notification
- Broken or intact for recycling
- Intact for reuse
- Speculative Accumulation Prohibited
- Processing Standards
Why Adopt the Federal CRT Rule?
- Proven markets and processes for glass recycling; preferable to disposal.
- Consistency across state boundaries enhances recycling.
- New York State statute requires that NYSDEC regulations be at least as stringent as the USEPA's.
Adopting Standards for Collectors, Dismantlers, and Recyclers of Used Electronic Equipment
An earlier pre-proposal of solid waste regulatory amendments may be placed in a new 6 NYCRR 374-5.
- Permit-by-rule standards such as:
- Storage time limits
- Recycling
- Protection from weather
- Aisle space
- Controlled entry
- Employee training
- Recordkeeping and reporting
- Surety
- Downstream vendor audits
Adopting Provisions of the New York State Wireless Telephone Recycling Act
- Current NYSDEC information regarding the proper management of cell phones can be found here: Recycling Cell Phones
- By statute, all wireless telephone service providers that offer phones for sale must accept cell phones for reuse or recycling (up to 10 per person)
- Are current regulations and exemptions appropriate?
- When should collection and recycling come under regulation?
Amending the Requirements of the Generator c7 Notification
The current c7 notification requirements require generators (other than CESQGs) sending used electronics for recycling under the hazardous scrap metal exemption to file notifications under paragraph 6 NYCRR 371.1(c)(7).
In the rulemaking, the NYSDEC is considering changing the requirement to add a new subparagraph (b):
- "371.1(c)(7)(b) Generators of used electronics claiming exemption under 371.1(g)(1)(iii)(b) of this Part or exclusions under 371.1(e)(1)(xxii) based on intent to direct used electronics for dismantling and recycling must maintain on site, for a period of three years from the date of each shipment, the names and locations of the dismantling or recycling facilities and any intermediate receiving facilities."
Proposed Used Electronic Equipment Rulemaking Public Meetings
Three public meetings were held to discuss the draft proposed standards:
- June 11th, 2008 - Yonkers Public Library
- June 17th, 2008 - Rochester Institute of Technology
- June 23rd, 2008 - NYS Department of Environmental Conservation Central Office
The following materials were distributed at each of the meetings:
- Main PowerPoint Presentation (126 kb pdf)
- NYS Proposed Electronics Recycling Regulations (25 kb pdf)
- Electronics Handling and Recovery Facilities Pre-Proposal Draft - Subject to Revision (361-7) - June 2006 (388 kb pdf)
- Standards for Dismantlers & Recyclers (36 kb pdf)
- Chapter 730, Laws of 2006
- NYS Wireless Telephone Recycling Act Questionnaire (18 kb pdf)
- Federal Cathode Ray Tube (CRT) Rule PowerPoint Presentation (166 kb pdf)
- Guidance for Municipalities (24 kb pdf)
- Special Collection Facilities (16 kb pdf)
Where to Send Feedback
The NYSDEC continues to accept comments on this rulemaking until otherwise announced.
Questions, comments, and proposed changes may be e-mailed to ewaste@gw.dec.state.ny.us, or mailed to the following address:
New York State Department of Environmental Conservation
Waste Determination & Analysis Section
Bureau of Hazardous Waste Regulation
Division of Solid & Hazardous Materials
625 Broadway
Albany, NY 12233-7251
Updated June 2009
