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Proposed Used Electronic Equipment Rulemaking

Purpose of the Rulemaking

Used Electronic Equipment Main Page

Please note that the rulemaking has been put on hold while all resources have been focused on the implementation of the Electronic Equipment Recycling and Reuse Act.

The NYSDEC has been drafting express terms as part of the proposed rulemaking for the management of used electronic equipment.

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 CRT Rule

NYSDEC is proposing to allow, through use of a Commissioner Policy, the use of USEPA's CRT Rule. Public comments are being sought through April 26, 2013. Directions for commenting on the proposed policy are in the March 27, 2013 Environmental Notice Bulletin.

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.

Implementing the Electronic Equipment Recycling and Reuse Act

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
  • Standards for reuse
  • Standards for electronic waste acceptance credits
  • Waivers of the recycling surcharge

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 eliminating the requirement for generators of electronic waste to submit a c(7) notification. NYSDEC will continue to have the authority to request documentation that electronic waste is directed for recycling

Proposed Used Electronic Equipment Rulemaking Public Meetings

Three public meetings were held to discuss the draft proposed standards:

  1. June 11th, 2008 - Yonkers Public Library
  2. June 17th, 2008 - Rochester Institute of Technology
  3. June 23rd, 2008 - NYS Department of Environmental Conservation Central Office

The following materials were distributed at each of the meetings:

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

Updated March 27, 2013