Letter to Dismantlers and Recyclers of Used Electronics

To: Dismantlers and Recyclers of Used Electronics

This letter is being distributed to firms that have been identified as dismantlers or recyclers of used computer equipment and other used electronics. Because some items (e.g., monitors¹) typically qualify as "hazardous waste" under DEC's "RCRA" hazardous waste regulations, for your information, we have described below various exemptions that are available when those items will be recycled. Also noted are cases where used electronics may also be exempt from regulation as solid wastes.

Scrap Metal Exemption

Most discarded electronics which would qualify as RCRA hazardous waste (e.g., monitors) are considered to contain sufficient quantities of scrap metal parts that they can be regarded as scrap metal themselves², and, thus, would be exempted from regulation as hazardous waste if the following conditions are met:

Prior Notification [6NYCRR 371.1(c)(7)]: If the generator is not a conditionally exempt small quantity generator (CESQG), both the generator and subsequent handlers in New York State are required to submit a "c7" notification to DEC³, giving certain basic information, such as the locations of generating and receiving facilities. Although written concurrence from DEC is not required, one will be provided upon request (provided the electronics item, in fact, qualifies for the exemption).
Scrap metal must ultimately be recycled: The scrap metal exemption requires that scrap metal pieces actually be reclaimed from the hazardous electronics and recycled.

Note that the scrap metal exemption cannot apply to a part separated from the whole component unless that separated part independently contains scrap metal pieces that will ultimately be reclaimed. For example, an all-plastic case that was separated from a computer monitor could no longer qualify for the scrap metal exemption.⁴ Nor could CRT glass, once the scrap metal pieces have been separated from the glass.⁵ Note also that an item which qualifies as hazardous scrap metal is still a hazardous waste. It is merely exempted from regulation.

Household Waste Exclusion of 371.1(e)(2)(i)

Electronics from household use (e.g., home computers, home televisions) are excluded from being a hazardous waste, even if they fail the TC/TCLP test. Their status can only change if they are still usable and are marketed for non-household use. Then, when discarded by the new owner, they would not be household waste.

Reselling and Repair of Units

Electronic products that are directly resold or even donated for continued use are not considered to be discarded, and, thus, cannot be subject to the solid or hazardous waste regulations (i.e., they are still products).

Nonworking electronic products that are serviced by repair shops and then returned to the user are not considered to be wastes, but all other nonworking electronic products must be managed as wastes.

If these nonworking electronic products are dismantled and some individual parts (e.g., disk drives) are found to be operative and these parts are to be reused or marketed for reuse, such parts are considered to be products reclaimed from waste and, therefore, no longer solid or hazardous waste. Any unusable components removed from the products as part of a repair process must be managed by the repair shop as "ordinary" solid or hazardous waste, unless they qualify for the scrap metal exemption.

"Processed" Scrap Metal Exclusion [371.1(e)(1)(xiii)]

This exclusion applies to scrap metal pieces which have been physically processed (e.g., sorted, shredded, bailed, crushed). This exclusion is not the same as the 371.1(g)(1)(iii)(b) scrap metal exemption discussed above, but it too requires that the scrap metal be recycled⁶ and that a "c7" prior notification be submitted to DEC.

These are the various exemptions available under DEC's "RCRA" hazardous waste regulations. Under our Part 360 non-hazardous "solid waste" regulations, please note that dismantlers and recyclers of used electronics are required to be in compliance with 6NYCRR 360-12.1(c), which requires an annual "waste fluids" report.

Please contact the Bureau of Hazardous Waste Management at (518) 485-8988⁷ if you have any questions.

Sincerely,
[SIGNED]
Stephen Hammond, P.E.
Director
Division of Solid & Hazardous Materials

Enclosure - Sample "C7" Notification for Generators (pdf, 15kb) or for Dismantlers/Recyclers (pdf, 31kb)

¹Monitors typically fail the "TCLP" laboratory test due to the presence of high concentrations of lead in the cathode ray tube (CRT) glass. Other discarded electronics may also "fail" the TCLP test due, for example, to the possible presence of lead- or silver-bearing solders.

²Analogous to automobiles being discarded as "scrap metal," even though a substantial quantity of non-metals are present. Also, a 1992 EPA policy considers printed circuit boards to be scrap metal (unless certain batteries and certain mercury-containing switches/relays are present on the boards). Consistent with the 1992 policy, we also regard separated "bare" cathode ray tubes (CRTs) as "scrap metal." If the individual scrap metal pieces within the CRTs are ultimately reclaimed, these bare CRTs qualify for the scrap metal exemption, at least until the scrap metal pieces are separated from the glass.

³A "generic" notification form for scrap metal is enclosed. These C7 notifications should be sent to: Waste Determination and Analysis Section, NYSDEC, 625 Broadway, Albany, NY 12233-7251. Note that a generator must submit the notification if it is necessary to claim the scrap metal exemption in order to be considered a CESQG (see 6NYCRR 371.1(f)(3)(i) and 371.1(g)(1)(iii)('b').

⁴However, because the plastic is unlikely to fail the TC/TCLP and would, therefore, not be a hazardous waste, not having the scrap metal exemption apply would be of no consequence.

⁵As discussed in footnote 2, intact bare CRTs are considered to meet the definition of scrap metal.

⁶Note that transporters of scrap metal (both processed and un-processed types) are not required to have a Part 364 Waste Transporter permit [364.1(e)(2)(vi)].

⁷ The phone number is now (518) 402-8633.