Proposed Used Electronics Rulemaking

Purpose of the Rulemaking:

The NYSDEC is currently in the information gathering stage of creating proposed rulemaking for the management of used electronics devices.

The resulting proposed rulemaking will amend NYSDEC regulations to streamline the management of used electronic devices, 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 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
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 as stringent as the USEPA's.

Adopting Standards for Collectors, Dismantlers, and Recyclers

An earlier pre-proposal in 6 NYCRR 361-7 (198 kb pdf); may be placed in 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 does 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."

Used Electronics Rulemaking Public Meetings

Three public meetings are being held to discuss the draft proposed standards. These public meetings are open to the general public. Pre-registration is required. Sign-in begins 30 minutes prior to the start of the meeting.

Wednesday, June 11^th, 2008, from 1:00pm until 4:00pm - Location: Yonkers Public Library (Riverfront Branch), Community Room AB, One Larkin Center, Yonkers, NY 10701 - Please e-mail the NYSDEC at ewaste@gw.dec.state.ny.us by June 4^th, 2008 to register. In your e-mail, please include the name(s) of attendee(s), affiliation, phone number, and which location you wish to attend. For directions, please see the "Offsite links" on the right hand side of this page. Also available is the MTA Metro-North Railroad schedule. The Metro-North Railroad has a stop in Yonkers.

Tuesday, June 17^th, 2008, from 9:00am until 12:00pm - Location: Rochester Institute of Technology, CIMS Building, Rooms 2230/2240, 111 Lomb Memorial Drive, Rochester, NY 14623 - Please e-mail the NYSDEC at ewaste@gw.dec.state.ny.us by June 10^th, 2008 to register. In your e-mail, please include the name(s) of attendee(s), affiliation, phone number, and which location you wish to attend. For directions, please see the "Offsite links" on the right hand side of this page.

Monday, June 23^rd, 2008, from 1:00pm until 4:00pm - New York State Department of Environmental Conservation Central Office, PA Room 129A&B, 625 Broadway, Albany, NY 12233 - Please e-mail the NYSDEC at ewaste@gw.dec.state.ny.us by June 13^th, 2008 to register. In your e-mail, please include the name(s) of attendee(s), affiliation, phone number, and which location you wish to attend. Click here for directions to NYSDEC's Central Office. All attendees to the Central Office must have a government issued form of identification (i.e. driver's license), which must be verified by the Security Officer on duty in order to enter the building. Make sure the name(s) of the attendee(s) registered match the name on the government issued form of identification.

Meeting Agenda

40 minutes: Introduction, definitions, and generator standards
20 minutes: Standards for wireless telephone service providers
30 minutes: CRT Rule provisions
15 minutes: Break
75 minutes: Standards for collectors, dismantlers, and recyclers

Where to Send Suggestions for Proposed Changes

The NYSDEC will accept comments on this rulemaking until otherwise announced.

Comments and proposed changes may be e-mailed to ewaste@gw.dec.state.ny.us or mailed to the following address:

NYSDEC
Attn: Waste Determination & Analysis Section
Bureau of Hazardous Waste Regulation
Division of Solid & Hazardous Materials
625 Broadway
Albany, NY 12233-7251