[Federal Register Volume 67, Number 248 (Thursday, December 26, 2002)]
[Rules and Regulations]
[Pages 78718-78731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32547]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[FRL-7429-3]
RIN 2003-AA00


Regulatory Innovations: Pilot-Specific Rule for Electronic 
Materials in the EPA Region III Mid-Atlantic States; Hazardous Waste 
Management System; Modification of the Hazardous Waste Program; Cathode 
Ray Tubes

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: Many used cathode ray tubes (CRTs) are currently classified as 
characteristic hazardous wastes under the Resource Conservation and 
Recovery Act (RCRA). Such CRTs are therefore subject to the hazardous 
waste regulations of RCRA Subtitle C unless they come from a household 
or a conditionally exempt small quantity generator. Today EPA is taking 
direct final action on a revision to its hazardous waste program under 
RCRA to exclude used CRTs and glass removed from CRTs from the 
definition of ``solid waste'' in the EPA Region III Mid-Atlantic States 
(which include the States of Delaware, Maryland, and West Virginia, the 
Commonwealths of Pennsylvania and Virginia, and the District of 
Columbia). Additionally, the preamble to this rule clarifies when used 
CRTs and other used electronic equipment become a ``solid waste.'' This 
rule will support an ongoing e-Cycling Pilot Project of EPA Region 
III's Mid-Atlantic States, which is promoting reuse and recycling of 
electronics. EPA believes that today's direct final rule will encourage 
increased recycling and better management of these materials in Region 
III states.
    EPA has proposed a similar, albeit broader, conditional exclusion 
for CRTs and certain other electronic materials that would be effective 
nationwide (June 12, 2002, 67 FR 40508-40528). EPA is promulgating this 
regional rule now because it believes that implementing the rule in the 
Region III states will produce information about the CRT conditional 
exclusion that will be useful to EPA as it assesses the appropriateness 
of adopting the RCRA exclusion nationally. EPA expects to withdraw the 
regional rule if and when a final national rule becomes effective.

DATES: This direct final rule is effective on February 24, 2003 without 
further notice, unless EPA receives adverse comment by January 27, 
2003. If we receive such comment, EPA will publish a timely withdrawal 
in the Federal Register informing the public that this rule will not 
take effect.

ADDRESSES: Comments may be submitted by mail or electronically. 
Commenters must send an original and two copies of their comments 
referencing docket number III-02-OEI-01 to: Marie Holman (3EI00), U.S. 
EPA Region III, Office of Environmental Innovation, 1650 Arch Street, 
Philadelphia, PA 19103-2029 or [email protected]. Further

[[Page 78719]]

detailed instructions are provided in the Electronic Comment Submission 
section of the SUPPLEMENTARY INFORMATION section below.

FOR FURTHER INFORMATION CONTACT: For general information about the 
management of solid waste under RCRA, contact the RCRA/Superfund/EPCRA/
UST Hotline at (800) 424-9346 (toll free) or TDD (800) 553-7672 
(hearing impaired). For more detailed information on specific aspects 
of this rulemaking, contact Ms. Marie Holman by U.S. mail at U.S. EPA 
Region III (3EI00), 1650 Arch Street, Philadelphia, Pennsylvania, 
19103-2029, by telephoning 215-814-5463, or by electronic mail at: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. How Does This Direct Final Rule Relate to the Proposed Pilot-
Specific Rule for Electronic Materials in the EPA Region III Mid-
Atlantic States; Hazardous Waste Management System; Modification of the 
Hazardous Waste Program; Cathode Ray Tubes?

    EPA is promulgating this as a direct final rule (amending RCRA's 
definition of solid waste) without prior proposal because it views this 
as a noncontroversial submittal and anticipates no adverse comments. 
Also, in the ``Proposed Rules'' section of today's Federal Register 
publication, we are publishing a separate document entitled ``Proposed 
Pilot-Specific Rule for Electronic Materials in the EPA Region III Mid-
Atlantic States; Hazardous Waste Management System; Modification of the 
Hazardous Waste Program; Cathode Ray Tubes'' that will serve as a 
proposed rule if adverse comments are filed. The direct final rule will 
be effective February 24, 2003 without further notice unless we receive 
adverse comment by January 27, 2003. If EPA receives adverse comment, 
we will publish a timely withdrawal in the Federal Register informing 
the public that the rule will not take effect. We will address all 
public comments in a subsequent final rule based on the proposed rule. 
We will not institute a second comment period on this action. Any 
parties interested in commenting must do so at this time.

B. How Can I Get Copies of Related Information?

1. Docket
    EPA has established an official public docket for this action under 
RCRA Docket ID No. III-02-OEI-01. The official public docket consists 
of the documents specifically referenced in this action, any public 
comments received, and other information related to this action. 
Although a part of the official docket, the public docket does not 
include Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. The official public docket 
is the collection of materials that is available for public viewing at 
the EPA Region III Library, 1650 Arch Street, Philadelphia, PA 19103. 
This Docket Facility is open from 9 a.m. through 4 p.m., Monday through 
Friday, excluding federal holidays. To review docket materials, it is 
recommended that you make an appointment by calling Marie Holman at 
215-814-5463. You may copy a maximum of 100 pages from any file 
maintained at the docket at no charge. Additional copies cost $0.15 per 
page.
2. Access to Information
    You may access this Federal Register document electronically 
through the EPA Internet under the ``Federal Register'' listings at 
http://www.epa.gov/fedrgstr/. You can also review some of the 
supporting documents for the national proposed rule (June 12, 2002, 67 
FR 40508-40528) (which supports the regional rule), in electronic 
format on the Internet at URL: http:/www.epa.gov/epa/epaoswer/hazwaste/recycle/electron/crt.htm.
    You may view public comments and the supporting materials for the 
issues and memoranda discussed below at U.S. EPA Region III Library, 
1650 Arch Street, Philadelphia, PA 19103. The library is open from 9 
a.m. to 4 p.m., Monday through Friday, excluding federal holidays. To 
review docket materials, it is recommended that the you make an 
appointment by calling Marie Holman at 215-814-5463.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA's electronic 
public docket. EPA's policy is that copyrighted material will not be 
placed in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. Although not all 
docket materials may be available electronically, you may still access 
any of the publicly available docket materials through the docket 
facility identified in I.B.1.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's public docket as EPA 
receives them and without change, unless the comment contains 
copyrighted material, CBI, or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in EPA's electronic public 
docket. The entire printed comment, including the copyrighted material, 
will be available in the public docket.

C. How and To Whom Do I Submit Comments?

    You may submit comments electronically or by mail. To ensure proper 
receipt by EPA, identify the appropriate docket identification number 
in the subject line on the first page of your comment. Please ensure 
that your comments are submitted within the specified comment period. 
Comments received after the close of the comment period will be marked 
``late.'' EPA is not required to consider these late comments. If you 
wish to submit CBI or information that is otherwise protected by 
statute, please follow the instructions in I.B.2 and I.D.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket, and made 
available in EPA's electronic public docket. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment.
    i. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected], Attention Docket ID No. III-02-OEI-01. In 
contrast to EPA's electronic public docket, EPA's e-mail system is not 
an ``anonymous access'' system. If you send an e-mail comment directly 
to the

[[Page 78720]]

Docket without going through EPA's electronic public docket, EPA's e-
mail system automatically captures your e-mail address. E-mail 
addresses that are automatically captured by EPA's e-mail system are 
included as part of the comment that is placed in the official public 
docket, and made available in EPA's electronic public docket.
     ii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in I.B. These 
electronic submissions will be accepted in WordPerfect or ASCII file 
format. Avoid the use of special characters and any form of encryption.
    2. By Mail. Send an original and two copies of you comments 
referencing docket number III-02-OEI-01 to Marie Holman, Office of 
Environmental Innovation (3EI00), U.S. EPA, 1650 Arch Street, 
Philadelphia, PA 19103-2029.

D. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically through EPA's electronic public docket or by e-mail. 
This information needs to be submitted under separate cover. Send 
information (original and two copies of CBI) identified as CBI only to 
the following address: Marie Holman, Office of Environmental Innovation 
(3EI00), U.S. EPA, 1650 Arch Street, Philadelphia, PA 19103-2029, 
Attention Docket ID No. III-02-OEI-01. You may claim information that 
you submit to EPA as CBI by marking any part or all of that information 
as CBI. Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the public docket and EPA's electronic public docket. If you submit 
the copy that does not contain CBI on disk or CD ROM, mark the outside 
of the disk or CD ROM clearly that it does not contain CBI. Information 
not marked as CBI will be included in the public docket and EPA's 
electronic public docket without prior notice. If you have any 
questions about CBI or the procedures for claiming CBI, please consult 
the person identified in the FOR FURTHER INFORMATION CONTACT section.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate docket 
identification number in the subject line on the first page of your 
response. It would also be helpful if you provided the name, date, and 
Federal Register citation related to your comments.

F. Compliance Date

    This direct final rule is effective on February 24, 2003 without 
further notice, unless EPA receives adverse comment by January 27, 
2003. If we receive such comment, EPA will publish a timely withdrawal 
in the Federal Register informing the public that this rule will not 
take effect. (Under section 3010 of RCRA, rules may take effect in less 
than six months if the regulated community does not need the six-month 
period to come into compliance. That is the case here because the rule 
reduces, rather than increases, the existing requirements for persons 
handling used CRTs and glass removed from CRTs sent for recycling. EPA 
believes that 60 days provides adequate time to come into compliance 
with the new, less burdensome labeling and other requirements contained 
in the rule.)

Preamble Outline

I. Legal Authority
II. List of Abbreviations and Acronyms
III. State-EPA Region III ECOS e-Cycling Project Background
    A. What is the State-EPA Region III e-Cycling Pilot Project?
    B. What is the Relationship of this Rule to the State-EPA Region 
III e-Cycling Pilot Project?
    C. How Does this Rule Differ from the Proposed National CRT 
Rule?
IV. Cathode Ray Tubes
    A. What Is the Purpose of EPA's Direct Final Rule?
    B. What Are Cathode Ray Tubes?
    C. Why Are Cathode Ray Tubes An Environmental Concern?
    D. How Are Used Cathode Ray Tubes Currently Managed?
    E. How Do EPA's Current Regulations Apply to CRTs and Other 
Electronic Materials?
    F. What Are The Common Sense Initiative (CSI) Recommendations?
    G. Requirements for Used CRTs Undergoing Recycling
V. State Authority
    A. Applicability of Rules in Authorized EPA Region III's States
    B. Effect on State Authorization
    C. Interstate Transport
VI. Regulatory Requirements
    A. Executive Order 12866
    B. Regulatory Flexibility Act, as amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 
et. seq.
    C. Submission to Congress and the Comptroller General
    D. Paperwork Reduction Act
    E. Unfunded Mandates
    F. Executive Order 13132
    G. Executive Order 13175
    H. Executive Order 13045
    I. Executive Order 13211
    J. National Technology Transfer and Advancement Act of 1995
    K. Environmental Justice

I. Legal Authority

    These regulations are promulgated under the authority of Sections 
2002(a), 3001, 3002, 3004, and 3006 of the Solid Waste Disposal Act of 
1970, as amended by the Resource Conservation and Recovery Act of 1976 
(RCRA), and as amended by the Hazardous and Solid Waste Amendments of 
1984 (HSWA), 42 U.S.C. 6912(a), 6921, 6922, 6924, and 6926.

II. List of Abbreviations and Acronyms

CES Computers and Electronics Subcommittee
CESQG Conditionally Exempt Small Quantity Generators
CFR Code of Federal Regulations
CRT Cathode Ray Tube
CSI Common Sense Initiative
ECOS Environmental Council of States
FPD Flat Panel Display
LDR Land Disposal Restrictions
LQG Large Quantity Generator
RCRA Resource Conservation and Recovery Act
SQG Small Quantity Generator
TC Toxicity Characteristic
TCLP Toxicity Characteristic Leaching Procedure
TSDF Treatment, Storage and Disposal Facility
TV Television
WTE Waste-to-Energy

III. State-EPA Region III ECOS e-Cycling Project Background

A. What is the State-EPA Region III e-Cycling Pilot Project?

    Over the past several years EPA Region III and its states have been 
working together to improve the management of end-of-life electronics. 
Representatives of original equipment manufacturers, retailers, 
transporters, dismantlers, and government agencies

[[Page 78721]]

have met to identify barriers to successful recycling of end-of-life 
electronics, and to propose possible solutions. Region III and the 
states then developed the State-EPA Region III e-Cycling Pilot Project 
to test different regional approaches. The purpose of the Pilot Project 
is to significantly increase the number of end-of-life electronics that 
are recycled and to determine whether the approaches being implemented 
in EPA Region III's states will achieve this goal.
    To help achieve the increased recycling objective, the states in 
the Mid-Atlantic Region of EPA have agreed to work with local 
governments having jurisdiction over waste collection activities. 
Assistance to the local governmental agencies will include the 
development of outreach materials (such as model press releases, public 
service announcements, brochures, fact sheets and newspaper 
advertisements) to gain greater participation in the e-Cycling Pilot 
Project. It is anticipated that these tools and others will facilitate 
the collection of end-of-life electronic materials from households, 
small businesses, and other entities. Some states may provide seed 
money to local governments to assist them in starting up their 
collection activities. EPA has also provided funding to assist the 
Region III states in implementing the Pilot Project. These funds will 
be used to develop public education and outreach materials, collect 
pertinent data, and provide general support to the e-Cycling Pilot 
Project.
    It is expected that partnerships with electronic equipment 
retailers, manufacturers, waste transporters and recyclers will be 
developed to assist in setting up the infrastructure necessary to 
transport and recycle these end-of-life electronic materials. For 
example, several retailers and manufactures already have or are 
planning ``take back'' programs to allow their customers to return end-
of-life electronics to the place of purchase.

B. What Is the Relationship of This Rule to the State-EPA Region III e-
Cycling Pilot Project?

    In 2001, the States of Delaware, Maryland, and West Virginia, the 
Commonwealths of Pennsylvania and Virginia, and the District of 
Columbia (EPA Region III's states) submitted to EPA Region III's 
Regional Administrator a proposal for regulatory innovation entitled, 
``Regulatory Exclusion for End-of-Life Electronic Materials that are 
Dismantled for Recovery of Useful Elements' (hereafter e-Cycling Pilot 
Project). This project proposal was submitted under the auspices of the 
1998 Environmental Council of States (ECOS) Agreement to Pursue 
Regulatory Innovations, (FR May 5, 1998, 63 FR 24784-24796). EPA 
accepted the proposal in a Memorandum of Understanding (MOU) executed 
by EPA and Region III states in October, 2001. The MOU proposes a 
framework for managing end-of-life electronics in a way that is 
environmentally sound while encouraging the reuse and recycling of 
these materials. The MOU also recognizes the need for EPA to clarify 
its understanding of when these materials are ``discarded'' such that 
they are solid wastes.
    To assist in implementing the pilot project, today EPA is 
promulgating a conditional exclusion from the definition of solid waste 
for used cathode ray tubes (CRTs) and glass removed from CRTs sent for 
recycling within Region III. In today's notice, the Agency is also 
clarifying the status of other ``end-of-life electronics'' sent for 
reuse and recycling under RCRA.

C. How Does This Rule Differ From the Proposed National CRT Rule?

    As noted above, EPA is currently proposing a similar national rule. 
EPA has accelerated the regional rule because it believes that the 
prompt implementation of this rule in the Region III states, building 
on the existing Region III e-Cycling Project, will produce information 
about the CRT conditional exclusion that will be useful to EPA as it 
considers final action on the nationwide rule. EPA expects to withdraw 
the regional rule if and when a final national rule becomes effective.
    The regional rule is narrower in scope. It only includes the 
conditional exclusion for used CRTs and processed CRT glass. The 
proposed national rule addresses mercury-containing equipment and 
export issues; the regional rule does not address these issues. Again, 
EPA expects to withdraw the regional rule if and when the final 
national rule becomes effective.

IV. Cathode Ray Tubes

A. What Is The Purpose of EPA's Direct Final Rule?

    Technological advances in information management and communication 
have improved the quality of people's lives in countless ways. However, 
our growing use of electronic products at home and in the workplace has 
given us a new environmental challenge: electronics waste. Today's rule 
is an important step towards meeting the challenge of managing 
electronics waste in a way that is environmentally sound, while 
encouraging the reuse and recycling of these materials in EPA Region 
III's states.
    EPA estimates that about 57 million televisions and computers are 
sold annually to households and businesses in the United States. 
Purchasers of these and other consumer electronics often do not discard 
older models when buying newer versions of the same products. Consumers 
(both business and household) frequently store their retired products. 
Experts agree that the average household may have between two and three 
television or computer units in storage. The number of units (mainly 
computers) stored by businesses is much greater. In total, 
approximately 20 to 24 million computers and televisions are added to 
storage each year. Over the next decade, storage is expected to 
increase at a faster rate because of advances in digital technology for 
televisions. Just as advances in computer speed and software have made 
older computers uneconomical to repair, newer digital broadcast 
standards are likely to reduce the repair and resale value of older 
televisions.
    Recycling glass from computers and televisions is still largely a 
new industry. However, the number of units available for reuse or 
recycling is growing rapidly, and state and industry initiatives to 
promote recycling are increasing. EPA is eager to see this industry 
grow, in part because reusing and recycling these materials saves 
valuable natural resources and avoids their disposal in landfills and 
incinerators. The Agency must, of course, assure that materials under 
RCRA jurisdiction are managed in a way that protects human health and 
the environment.
    EPA's Common Sense Initiative Council recommended streamlined 
nationwide requirements for CRT glass that is removed from computers 
and televisions and processed to make new CRT glass. The conditional 
exclusion promulgated today for ``glass-to-glass'' processing grows out 
of these recommendations. The Council included representatives from 
industry, non-governmental and community organizations, state 
governments, and academic institutions.
    Today, the Agency is promulgating a direct final rule which will 
revise management requirements for used CRTs and glass removed from 
CRTs by creating a conditional exclusion from the definition of solid 
waste for these materials when they are recycled within the EPA Region 
III states (see 40 CFR 261.4(a)(24)). The purpose of these simplified 
requirements is to encourage greater reuse, recycling, and better

[[Page 78722]]

management of this growing waste stream, a problem particularly acute 
in the Region III states, while maintaining necessary environmental 
protection.

B. What Are Cathode Ray Tubes?

    CRTs are vacuum tubes, made primarily of glass, which constitute 
the video display components of televisions and computer monitors. CRT 
sizes are typically measured from one corner; the diagonal of a CRT 
display generally ranges from 1 to 38 inches. Other types of CRTs 
include medical, automotive, oscilloscope, and appliance CRTs, which 
are typically 12 inches diagonal or smaller, while military and 
aircraft control tower CRTs may be much larger.
    CRTs are built of a specialized glass that often contains lead. 
They consist of four major parts: a glass panel (faceplate); a shadow 
mask; a glass funnel; and a glass neck which houses the electron gun. 
The glass panel is the front of the CRT that the viewer sees when 
looking at a TV or computer screen. The shadow mask is a thin metal 
sheet with holes that is located immediately behind the glass panel. 
Attached to the back of the glass panel is the glass funnel. The panel 
and funnel are joined with the shadow mask and sealed together with a 
low-temperature glass frit, consisting of solder glass containing 
organic binders. The back end of the CRT is the glass neck that holds 
the electron gun. This gun produces the electrons that strike the glass 
panel, resulting in viewable images on the display surface. A CRT is 
assembled into a monitor, a unit that includes several other parts, 
including a plastic cabinet, electromagnetic shields, circuit boards, 
connectors, and cabling.

C. Why Are Cathode Ray Tubes An Environmental Concern?

    Manufacturers generally use significant quantities of lead to make 
color cathode ray tubes. Televisions and color computer monitors 
contain an average of four pounds of lead (the exact amount depends on 
size and make). Lead is present in the panel glass, funnel, neck, and 
glass frit of color CRTs, with the highest concentrations usually found 
in the frit and funnel glass. Although the amount of lead used in some 
manufacturing processes of CRTs appears to be decreasing, most color 
CRTs contain quantities of lead sufficient to make the discarded CRT 
glass a hazardous waste under RCRA. Under Subtitle C of RCRA, a solid 
waste is a hazardous waste if it exhibits one or more of the 
characteristics of ignitability, corrosivity, reactivity, or toxicity 
in 40 CFR Part 261, Subpart C, or if it is a listed hazardous waste in 
Part 261, Subpart D. Of relevance here is the toxicity characteristic, 
40 CFR 261.24, which classifies as a hazardous waste any solid waste 
containing five (5) milligrams per liter (mg/l) or more of lead when 
tested with EPA's toxicity characteristic leaching procedure (TCLP).
    According to a study of CRTs published by the University of 
Florida, the average concentration of lead in leachate from colored CRT 
glass generated through EPA's TCLP was 22.2 mg/l. This level is 
considerably above the toxicity characteristic regulatory level of 5 
mg/l that is used to classify lead-containing wastes as hazardous (40 
CFR 261.24(b)). For monochrome CRTs, the average lead leachate 
concentration was 0.03 mg/l. These data appear to indicate that black 
and white monitors do not generally fail the TC. The faceplate also 
does not usually fail the TC.
    Other hazardous constituents sometimes present in CRT glass are 
mercury, cadmium, and arsenic. However, these constituents are found in 
very low concentrations that are unlikely to exceed the TC 
concentration limits (see Characterization of Lead Leachability from 
Cathode Ray Tubes Using the Toxicity Characteristic Leaching Procedure, 
T.G. Townsend et al., University of Florida, 1999). Flat panel displays 
(FPDs) have emerged on the electronics market as a replacement for CRTs 
in certain applications, primarily because FPDs are lighter, smaller, 
and more portable, and they consume less energy during operation. FPDs 
generally contain no lead, but may contain encapsulated mercury in 
small amounts.

D. How Are Used Cathode Ray Tubes Currently Managed?

1. Reuse
    Many used computers are resold or donated so that they can be used 
again, either as is or after minor repairs. Although the Agency has no 
legal jurisdiction over reused computers per se, we encourage this 
option as a responsible way to manage these materials, because 
preventing or delaying the generation of waste often conserves 
resources. This option extends the lives of valuable products and keeps 
them out of the waste management system for a longer time. Reuse also 
allows schools, non-profit organizations, and individual families to 
use equipment that they otherwise could not afford. Many markets for 
reuse of computers are located abroad, particularly in countries where 
few may be able to purchase state-of-the-art new equipment.
    Organizations which handle used computers vary from area to area. 
In some cases, nonprofit organizations such as charities and school 
districts take donations of used computer equipment. These 
organizations may test the equipment, and, if necessary, rewire it and 
replace various parts, including the electron gun, before sending them 
for reuse. In other cases, the entities that collect the CRTs send them 
to another organization with more expertise for evaluation and possible 
repair and reuse. CRTs that cannot be used after such minor repairs may 
be sent to recycling or disposal. CRTs from televisions are more likely 
to be repaired by appliance dealers or small repair shops before reuse.
2. Recycling

a. Collection of Used CRTs

    If reuse or repair is not a practical option, CRTs can be sent for 
recycling, which typically consists of disassembly for the purpose of 
recovering valuable materials from the CRTs, especially glass. A 
growing number of municipalities are offering to collect computers and 
electronics for recycling. In addition, public and private 
organizations have emerged that accept such materials for the same 
purpose. Examples of such organizations include county recycling drop-
off centers, television repair shops, charities, electronics recycling 
companies, and electronics manufacturers and retailers.
    An increasing number of electronics manufacturers are offering to 
take back computer CRTs for recycling. In some cases, these services 
are provided free. In other cases, a fee is charged, usually for 
shipping and handling. Take-back programs have been available for some 
time to major corporations and large purchasers of electronic 
equipment. Now, electronics manufacturers are beginning to offer 
similar services for computer CRTs to small businesses and households.

b. Recycling of Unused CRTs and Unused CRT Glass

    Makers of glass for CRTs recycle some of the glass they produce 
because it does not meet product specifications. EPA estimates that 
about one or two percent of glass production results in unused, off-
specification products. This glass is generally recycled into new CRT 
glass. The glass may be recycled on-site at a CRT glass manufacturing 
facility, or it may be sent to a glass processor. Computers and 
television manufacturers also find that a small percentage of

[[Page 78723]]

assembled monitors are ``off-specification.'' They may send these 
unused devices to a glass processor.

c. Glass Processing and Other Materials Recovery

    CRT glass processors that accept used CRTs generally receive them 
from three sources: the glass manufacturers described above (who supply 
most of the glass), manufacturers of monitor units who decide not to 
sell off-specification monitors, and businesses who provide used 
computers or televisions, which at present are a much smaller source.
    The used CRTs are typically stored in a warehouse. When the 
processing begins, the CRT display unit is dismantled, and the bare CRT 
is separated from all other parts (usually glass, plastic, or metal). 
Next, the vacuum is released by drilling through the anode, a small 
metal button in the funnel. The different glass portions of the CRT 
(faceplate, funnel, and neck) are then separated and classified 
according to chemical composition, especially by the amount of lead 
contained. The same sorting takes place for broken glass received from 
CRT glass manufacturers, which is separated into leaded and non-leaded 
glass. All glass is then cleaned and the coatings removed. The sorted 
and cleaned cullet (i.e., processed glass) is then typically stored in 
enclosed areas before it is shipped off-site to a CRT glass 
manufacturer (or sometimes to a smelter or to manufacturers of other 
kinds of glass). When a CRT glass manufacturing facility receives a 
shipment of processed CRT glass, it removes the anode button and 
further crushes the glass, which then enters a furnace to be heated and 
made into new CRT glass.
    Sometimes the processed glass is sent to a lead smelter where it is 
recycled to reclaim the lead and to provide silica, which acts as a 
fluxing agent in the smelter. These uses often occur if the glass does 
not meet the specifications for CRT glass. The cleaning process 
described above also generates glass fines that are collected and sold 
to lead smelters to be used as a fluxing agent. In addition, processed 
CRT glass may be sent to copper smelters, also for use as a flux. 
Sometimes other types of production facilities use processed CRT glass 
to make objects such as radiation shielding, acoustical barriers, 
optical glass beads, or decorative glass and tile products. The market 
for these recycled glass items is currently limited, but may grow in 
the future.
3. Disposal
    Many consumers do not wish to discard monitors and TVs if they can 
be recycled. Many or most CRTs therefore remain in storage. Of the CRTs 
that are disposed of by households, most go to municipal landfills, and 
others to municipal waste-to-energy (WTE) facilities. Only a small 
percentage are recycled (see Life Cycle Assessment of the Disposal of 
Household Electronics, D. McKenna et. al., August 1996, which indicated 
that only one percent of CRTs from households were recycled). Some CRTs 
from non-household sources are also placed in municipal landfills. Some 
states (such as Massachusetts and California) have banned CRTs from all 
sources from landfills.

E. How Do EPA's Current Regulations Apply to CRTs and Other Electronic 
Materials?

    As described above, CRT glass often exhibits the toxicity 
characteristic (TC) for lead because this constituent is used to make 
most CRT glass. Whether a person or facility is currently subject to 
the RCRA hazardous waste regulations depends on several factors, 
including whether the CRT will be recycled or disposed and the type of 
user. RCRA Subtitle C regulations set forth requirements for hazardous 
waste generators, transporters, and owners and operators of treatment, 
storage, and disposal facilities (TSDFs). EPA regulations also contain 
exclusions for certain wastes from the definition of solid waste or 
hazardous waste (40 CFR 261.4)(a) and (b)). However, EPA has developed 
streamlined rules for particular wastes, including recyclable wastes 
(40 CFR part 266) and universal wastes such as batteries, pesticides, 
thermostats, and lamps that are widely generated by different 
industries (40 CFR part 273). Following is a brief description of how 
different entities are currently regulated.
1. Who Is Regulated and Who Is Not?

a. Households

    Households that dispose of or recycle CRTs are exempt from 
hazardous waste management requirements under 40 CFR 261.4(b)(1). 
Households may therefore send their used computer and television 
monitors to any facility or collector for recycling or disposal without 
being subject to RCRA Subtitle C regulation. Other facilities managing 
household hazardous waste (such as collectors, recyclers, or disposers) 
continue to be exempt from hazardous waste requirements unless the 
household waste is mixed with other regulated hazardous waste.

b. Non-Residential Generators

    Non-residential generators of less than 100 kilograms (about 220 
lbs) of hazardous waste (including CRTs) in a calendar month are known 
as conditionally exempt small quantity generators (CESQGs) and are not 
subject to most RCRA Subtitle C hazardous waste management standards. 
The Agency notes that about seven or eight CRTs would be sufficient to 
weigh 220 lbs (assuming that each monitor weighed 30 lbs). These CESQGs 
may choose to send their wastes to a municipal solid waste landfill or 
other facility approved by the state for the management of industrial 
or municipal non-hazardous wastes, including recycling facilities (40 
CFR 261.5). Generators of more than 100 kilograms (about 220 lbs) and 
less than 1,000 kilograms (about 2,200 lbs) of hazardous waste 
(including CRTs) in a calendar month are considered small quantity 
generators (SQGs) and are subject to the RCRA hazardous waste 
management standards, but are allowed to comply with certain reduced 
regulatory requirements (40 CFR 262.34(d)). Generators of more than 
1,000 kilograms (about 2,200 lbs) of hazardous waste in a calendar 
month are considered large quantity generators (LQGs) and are subject 
to all the applicable hazardous waste regulations for generators (40 
CFR 262.34(a)). CRTs that are not considered wastes should not be 
counted in determining whether a generator is a CESQG, SQG, or LQG.
2. When Do CRTs Become Wastes?
    To determine whether a non-residential facility with used CRTs must 
comply with the RCRA hazardous waste regulations, the user must first 
determine if its used CRTs are solid wastes. Following is a brief 
description of how solid waste determinations for CRTs are made under 
federal law. (However, the Agency notes that all Region III states' 
regulatory agencies are authorized to implement the hazardous waste 
program in lieu of the federal program, and state regulations may be 
more stringent than the federal regulations. Users should, therefore, 
consult with the appropriate state agency before making their 
determinations.)

a. Reuse and Repair of Used CRTs

    EPA has consistently taken the view that materials used and taken 
out of service by one person are not wastes if a second person puts 
them to the same type of use without first ``reclaiming'' them (see 50 
FR 624, January 5, 1985). Many CRTs are taken out of service by

[[Page 78724]]

both businesses and households not because they can no longer be used, 
but because users are upgrading their systems to take advantage of the 
rapid advances that have resulted in better and faster electronics. 
Businesses and organizations upgrading their computers often replace 
the entire computer system, including the monitors. A working CRT-
containing unit considered obsolete by one user is therefore likely to 
be capable of reuse as a computer monitor or a television monitor by 
another user.
    Many businesses and organizations that take CRTs out of service do 
not have the specialized knowledge needed to determine whether the unit 
can be reused as a computer or television display unit. Moreover, those 
entities often do not decide whether a particular CRT will, in fact, be 
reused. Many businesses and other organizations send used computers and 
televisions to resellers. Resellers often test CRTs or otherwise decide 
if the CRTs can be reused directly, if they can be reused after minor 
repairs, or if they must be sent for further processing or disposal. 
Because the typical original user usually lacks the specialized 
knowledge needed to decide the future of a CRT, EPA is today clarifying 
that we do not consider a user sending a CRT to a reseller for 
potential reuse to be a RCRA generator.
    Furthermore, EPA today clarifies that used CRTs undergoing repairs 
before resale or distribution are not being ``reclaimed,'' and are 
considered to be products ``in use'' rather than solid wastes. 
Resellers of used CRTs generally test and identify equipment that can 
be resold or is economically repairable. Sometimes the equipment is 
collected and redistributed for reuse with no repairs. If repairs are 
necessary, they typically consist of rewiring, replacing defective 
parts, or replacing the electron gun. Under these circumstances, the 
CRT would still be considered a commercial product rather than a solid 
waste. EPA believes that these repairs and replacement activities do 
not constitute waste management.
    As discussed below in section III.E.3, EPA also applies these 
principles to other ``end-of-life'' electronic devices, which also 
would not be wastes if sent to resellers for potential reuse.
    This regulatory interpretation for CRTs and other ``reused'' 
electronics is not unique to Region III states; it applies nationwide, 
as EPA stated in the national CRT proposal. See 67 FR. 40508, 40511 
(June 12, 2002).

b. Unused CRTs Sent for Recycling

    Sometimes manufacturers of computers and televisions send unused 
CRTs (usually off-specification CRTs) directly to glass processors who 
break the CRTs and separate out the glass components. Generally, the 
processor then sends the processed glass to a glass-to-glass recycler 
or to another recycling facility, such as a lead smelter. Although EPA 
could consider these activities to constitute reclamation, the Agency 
does not regulate the reclamation of either listed or characteristic 
unused commercial chemical products (see 50 FR 14219, April 11, 1985). 
EPA considers unused CRTs to be unused commercial chemical products. 
Therefore, these materials are not solid wastes when sent for 
reclamation.

c. Used CRTs Sent For Recycling

    Under the current RCRA regulations, used CRTs sent directly to 
glass processors or other recyclers could, under some circumstances, be 
considered spent materials undergoing reclamation, and could therefore 
be solid wastes. However, as explained elsewhere in this notice, EPA 
believes that under some circumstances used CRTs sent for recycling do 
not resemble spent materials. Therefore, the Agency is today 
promulgating an exclusion from the definition of solid waste for used 
CRTs being recycled in Region III states if they are managed under 
certain conditions. Users and resellers sending used CRTs to recyclers 
should check with their authorized states to see which RCRA Subtitle C 
requirements, if any, are applicable to their activities.

d. Disposal

    If a non-household entity decides to send used or unused CRTs 
directly to a landfill or an incinerator for disposal, that entity 
would be considered the generator of a solid waste. The person making 
the decision must determine if the CRTs exhibit a hazardous waste 
characteristic under 40 CFR Part 261, Subpart C. He may either test the 
CRTs or use process knowledge to make this determination. As stated 
above, many or most CRTs from color computer or television monitors 
exhibit the toxicity characteristic (TC) for lead. Although EPA's data 
indicate that most CRTs from black and white monitors do not fail the 
TC, those that do are subject to all applicable hazardous waste 
management requirements. When a decision is made to dispose of 
hazardous waste CRTs, the non-residential user, reseller, or 
manufacturer must comply with all applicable hazardous waste generator 
requirements of 40 CFR Part 262, including packaging and labeling, 90-
day accumulation requirements, use of the hazardous waste manifest, and 
recordkeeping and reporting (unless the generator is a CESQG).
    Some companies ship their waste CRTs to hazardous waste landfills 
for disposal. Used CRTs generated by a non-residential facility that 
fail the TC for lead must meet applicable land disposal restrictions 
(LDRs), 40 CFR Part 268, before being placed in a land-based unit, such 
as a landfill. These restrictions do not apply to CRTs generated by 
households or CESQGs. To meet LDRs, the CRT glass must be treated so 
that the TCLP lead concentration does not exceed 0.75 mg per liter. 
This concentration level is generally achieved by crushing and 
stabilizing the glass through the addition of chemicals which reduce 
the solubility of lead when contacted by leachate.
3. When Do Non-CRT Electronic Materials Become Wastes?
    In 1992, the Agency issued a memorandum to its EPA Regional Waste 
Management Directors stating that used whole circuit boards are 
considered to be scrap metal when sent for reclamation, and therefore 
exempt from regulation under RCRA. The Agency has also addressed 
printed circuit boards in the Land Disposal Restrictions Phase IV 
rulemaking (see 62 FR 25998, May 12, 1997). In that rulemaking, the 
Agency provided an exclusion from the definition of solid waste at 40 
CFR 261.4(a)(14) for shredded circuit boards being reclaimed, provided 
they are stored in containers sufficient to prevent a release to the 
environment prior to recovery and provided they are free of mercury 
switches, mercury relays, nickel-cadmium batteries and lithium 
batteries. Subsequently, on May 26, 1998 (63 FR 28556), the Agency 
clarified that the scrap metal exemption applies to whole used circuit 
boards that contain minor battery or mercury switch components and that 
are sent for continued use, reuse, or recovery. In that notice, EPA 
stated that it was not the Agency's intent to regulate under RCRA 
circuit boards containing minimal quantities of mercury and batteries 
that are protectively packaged to minimize dispersion of metal 
constituents. Once these materials are removed from the boards, they 
become a newly generated waste subject to a hazardous waste 
determination. If they meet the criteria to be classified as a 
hazardous waste, they must be handled as hazardous waste; otherwise, 
they must be managed as a solid waste.
    The Agency is studying certain non-CRT electronic materials to 
determine whether they consistently exhibit a

[[Page 78725]]

characteristic of hazardous waste. However, we are not currently aware 
of any non-CRT computer components or electronic products that would 
generally be hazardous wastes. With respect to these materials, the 
Agency will use the same line of reasoning that is outlined above for 
CRTs to determine if the materials are solid wastes. That is, if an 
original user sends electronic materials to a reseller because he lacks 
the specialized knowledge needed to determine whether the units can be 
reused as products, the original user is not a RCRA generator. The 
materials will not be considered solid wastes until a decision is made 
to recycle them in other ways or dispose of them.

F. What Are The Common Sense Initiative (CSI) Recommendations?

    From 1994 through 1998, EPA's Common Sense Initiative (CSI) 
explored the environmental regulation of six industry sectors and 
looked for ways to make environmental regulation ``cleaner, cheaper, 
and smarter.'' EPA established CSI as an advisory committee (the ``CSI 
Council'') under the Federal Advisory Committee Act. The CSI Council 
included representatives from each industry sector, from non-
governmental environmental and community organizations, from state 
governments, and from colleges and universities. EPA also established 
subcommittees of the Council for each industry sector. The 
subcommittees included representatives of the various stakeholders 
represented in the CSI Council. One of the industry sectors selected 
for this initiative was the computer and electronics industry. The CSI 
Computers and Electronics Subcommittee (CES) then formed a workgroup to 
examine regulatory barriers to pollution prevention and recycling. The 
workgroup (known as the ``Overcoming Barriers Workgroup'') explored the 
problems of managing mounting volumes of outdated computer and 
electronics equipment.
    One of the concerns investigated by the Overcoming Barriers 
Workgroup and the CES was the barrier to CRT recycling created by some 
existing hazardous waste management regulations. The CES urged that 
removing such barriers was essential to fostering CRT recycling, 
especially glass-to-glass recycling. The Subcommittee believed that CRT 
recycling would provide the following benefits: (1) Less lead sent to 
landfills and combustors; (2) added resource value of specialty glass 
and lead; (3) lower waste management costs; (4) less regulatory 
uncertainty about CRT recovery and recycling; (5) less use of raw lead 
in CRT glass manufacturing; (6) better melting characteristics, 
improved heat transfer, and lower energy consumption in CRT glass 
manufacturing furnaces; (7) improved CRT glass quality; and (8) lower 
emissions of lead from CRT glass manufacturing. The CES Subcommittee 
indicated that some recycling methods or end products (other than those 
associated with glass-to-glass recycling) may pose risks to human 
health and the environment and would require further investigation.
    As a result of the findings of the CES Subcommittee, the CSI 
Council issued a document entitled, ``Recommendation on Cathode Ray 
Tube (CRT) Glass-to-Glass Recycling.'' In this document, the Council 
recommended streamlining regulatory requirements for CRTs that would 
encourage recycling and better management. The recommendations included 
revised requirements for packaging, labeling, transportation; general 
performance standards for glass processors; and export provisions. The 
CSI Council also recommended an exclusion from the definition of solid 
waste for processed glass that is used to make new CRT glass. In 
today's notice, EPA creates an exclusion from the definition of solid 
waste for Region III states which will simplify management requirements 
for used CRTs. Although the requirements promulgated today differ in 
some respects from those recommended by the CSI Council, we believe 
that they will be just as effective in fostering the goals of the 
Council. EPA has proposed a similar nationwide exclusion and expects to 
use information gained from this regional pilot in assessing the 
proposed nationwide rulemaking.

G. Requirements for Used CRTs Undergoing Recycling

1. What Will Not Be Affected By Today's Rule?
    All materials discussed above that are not currently regulated 
under RCRA will remain unaffected by today's rule. Used CRTs from 
households and CESQGs will retain their current regulatory exemptions. 
Used CRTs from any source, along with electronic materials that are 
sent for reuse as is or after minor repairs, are not wastes. Section 
261.4(a)(24) will provide better notice of this interpretation of our 
current regulations. Unused CRTs sent for recycling will still be 
classified as commercial chemical products which are not solid wastes 
even if they are reclaimed or speculatively accumulated. Finally, both 
used and unused CRTs sent for disposal will also remain regulated as 
before.
2. What Is Covered By Today's Rule and What Are the Management 
Requirements?
    Today's rule principally addresses used CRTs, and glass removed 
from CRTs, destined for recycling in Region III states. The regulations 
we are promulgating today do distinguish between intact CRTs, and CRTs 
that are broken. An intact CRT is a CRT remaining within the monitor 
whose vacuum has not been released. A broken CRT means glass removed 
from the monitor after the vacuum has been released. EPA notes that 
these definitions also cover non-consumer CRTs such as medical, 
automotive, oscilloscope, and appliance CRTs.

a. Used, Intact CRTs Destined for Recycling Within Region III

    Today's rule excludes intact CRTs located within Region III states 
from the definition of solid waste unless they are disposed. 
Consequently, these units would not be subject to RCRA Subtitle C 
regulation, including the speculative accumulation limits of 40 CFR 
Sec.  261.2(c)(4).
    As noted above, unused CRTs are currently considered commercial 
chemical products which are excluded from the definition of solid waste 
when recycled, even if they are reclaimed or speculatively accumulated. 
Intact CRTs are highly unlikely to release lead to the environment 
because the lead is contained in the plastic housing and the glass 
matrix. We believe that it would be very difficult to distinguish 
between used and unused intact CRTs destined for recycling. Moreover, 
there appears to be no environmental basis for such a distinction. 
Therefore, EPA is including all intact CRTs in this pilot-specific rule 
unless they are disposed, whether used or unused.

b. Used, Broken CRTs Destined for Recycling Within Region III

    Some users and collectors of CRTs separate the CRT from the monitor 
and release the vacuum, after which they send the resulting broken 
glass to a recycler (often a glass processor). This practice saves 
shipping costs and enables the glass processor to pay more for the 
broken CRTs received. At other times, the CRTs remain intact until 
broken by the processor or another recycler. In any event, CRTs whose 
glass has been broken are non-reusable and non-repairable; and 
therefore, prior to this rule were solid wastes at the time such 
breakage occurs.
    EPA is today amending 40 CFR part 261 to add a new section 261.40, 
which will provide that used, broken CRTs

[[Page 78726]]

located within Region III states are excluded from the definition of 
solid waste if they meet specified conditions. Under today's rule, 
used, broken CRTs sent for recycling would not be solid wastes if they 
are transported in an appropriate container, and stored in an 
appropriate container in an enclosed building. An appropriate container 
(i.e., a package or a vehicle) is one that is constructed, filled, and 
closed to minimize identifiable releases of CRT glass (including fine 
solid materials) to the environment. Each container in which the used, 
broken CRT is contained must be labeled or marked clearly with one of 
the following phrases: ``Waste cathode ray tube(s)--contains leaded 
glass,'' or ``Used cathode ray tube(s)--contains leaded glass.'' It 
must also be labeled or marked: ``Do not mix with other glass 
materials.'' An enclosed building must include a roof, floor, and 
walls. Finally, used, broken CRTs destined for recycling in Region III 
states also would not be allowed to be speculatively accumulated as 
defined in 40 CFR 261.1.
    The Agency believes that if these materials are properly 
containerized and labeled when stored or shipped prior to recycling, 
they resemble articles in commerce or commodities more than wastes. 
Breakage is a first step toward recycling the leaded glass components 
of the CRT. Also, materials held in conditions that safeguard against 
loss are more likely to be regarded as valuable commodities destined 
for legitimate recycling. In addition, the packaging requirements will 
ensure that the possibility of releases to the environment from the 
broken CRTs is very low. For these reasons, an exclusion from the 
definition of solid waste is appropriate if the broken CRTs are handled 
under the rule being promulgated today.

c. Used, Broken CRTs Undergoing Glass Processing Within EPA Region III

    The Agency also promulgates today an exclusion from the definition 
of solid waste for used CRTs undergoing glass processing within EPA 
Region III, as long as the processing meets certain conditions. CRT 
glass processing is defined in 40 CFR 260.10 as receiving intact or 
broken used CRTs, intentionally breaking them, sorting or otherwise 
managing glass removed from CRT monitors, and cleaning coatings from 
the glass. As noted above, CRT users and collectors sometimes break 
CRTs before sending them to a processor. Therefore, breaking used CRTs 
would not by itself subject a facility to the CRT glass processing 
conditions. In order to be classified as a used CRT glass processor, 
the facility must perform all of the activities listed above.
    The provisions of today's rule, set forth in 40 CFR 261.40, state 
that used, broken CRTs undergoing glass processing would not be 
considered solid wastes if they are stored in an enclosed building with 
a roof, floor, and walls. In addition, all glass processing activities 
must take place within an enclosed building with a roof, floor, and 
walls, and no activities may be performed that use temperatures high 
enough to volatilize lead from used, broken CRTs. The exclusion set 
forth today does not allow used, broken CRTs to be speculatively 
accumulated, as defined in 40 CFR 261.1.
    EPA believes that the packaging and storage conditions being 
promulgated today will help ensure that the materials in question are 
more commodity-like than waste-like. Used, broken CRTs that are not 
stored or packaged in accordance with these requirements tend not to be 
valuable, product-like materials. The opportunity for loss or releases 
of the materials indicates that they are wastes. As specifically 
recommended by the CSI Council, we are also providing that processors 
will be required to conduct their activities without using temperatures 
high enough to volatilize lead from broken CRTs. Besides increasing the 
risk of releases to the environment, such practices suggest waste 
treatment rather than production.

d. Processed Glass From Used CRTs Sent for Recycling to Glass 
Manufacturers and Lead Smelters Within Region III

    In today's rule, EPA is excluding processed glass (from used CRTs) 
from the definition of solid waste if it is sent for recycling to a CRT 
glass manufacturer or to a lead smelter within Region III, as long as 
the processed glass is neither speculatively accumulated, nor used in a 
manner constituting disposal. 40 CFR 261.40(d).
    EPA believes that processed glass from used CRTs destined for CRT 
glass manufacturing or to a lead smelting operation, located in Region 
III states, meets the regulatory criteria in 40 CFR 260.31(c) for a 
variance from the definition of solid waste. This variance applies to 
materials that have been reclaimed but must be reclaimed further before 
recovery is completed, if, after initial reclamation, the resulting 
material is commodity-like. The following paragraphs discuss the 
characteristics of processed CRT glass and how they meet the criteria.

i. The degree of processing a material has undergone and the degree of 
further processing that is required (40 CFR 260.31(c)(1))

    Processed CRT glass needs minimal further processing by CRT glass 
manufacturers or lead smelters. CRT glass cullet is shipped to these 
facilities already cleaned and sorted. CRT manufacturers and smelters 
perform processing steps consisting only of magnetic separation of 
anode buttons and studs and, if necessary, further crushing of the 
glass. Following these steps, the partially reclaimed CRT glass enters 
the furnace or smelter, similar to other feedstocks used in glass 
manufacturing and smelting.

ii. The economic value of the material that has been initially 
reclaimed (40 CFR 260.31(c)(2))

    The initial processing of CRT glass satisfies this criterion. CRT 
glass is usually purchased by CRT glass manufacturers from processors 
for at least $170 per ton (approximately three-fourths of the price of 
virgin glass). In contrast, lead smelters are usually paid at least 
$150 per ton by processors for CRT glass used as fluxing material and 
lead feedstock. However, lead smelters only pay an average of about six 
dollars per ton for industrial sand used as a fluxing material. Broken 
glass from CRTs resembles industrial sand in composition and can 
therefore serve as a substitute for this sand in the fluxing process. 
The sand, however, is not expensive.
    CRT glass manufacturers and lead smelters currently obtain 
processed CRT glass from processors and are working with the processors 
to increase the supply and quality of processed CRT glass, which may 
further increase its value. The value of processed CRT glass depends on 
whether manufacturers' specifications are met, and some glass 
chemistries require exacting specifications that make the processed 
glass more valuable if it meets those specifications. CRT glass 
manufacturers have stricter quality standards than lead smelters about 
the type of material that they can accept (e.g., cleaned, sized, free 
of coating and debris).
    Further evidence of the economic value of reclaimed CRT glass is 
demonstrated by the cost savings realized by CRT glass manufacturers 
and lead smelters when using processed CRT glass. The use of processed 
CRT glass cullet benefits the manufacturer in several ways, such as 
improving heat transfer and melting characteristics in the furnaces, 
lowering energy consumption, and maintaining or

[[Page 78727]]

improving the quality of the final product.

iii. The degree to which the reclaimed material is like an analogous 
raw material (40 CFR 260.31(c)(3))

    Under this criterion, the partially reclaimed material must be 
similar to an analogous raw material or feedstock for which the 
material may be substituted in a production or reclamation process. 
Processed CRT glass is similar to off-specification glass and cullet 
that manufacturers currently use as feedstock. Glass-making furnaces 
require between approximately 30 and 70 percent cullet. With respect to 
lead smelters, processed CRT glass is similar to industrial sand that 
would otherwise be used as feedstock or flux in the smelter.

iv. An end market for the partially reclaimed material is guaranteed 
(40 CFR 260.31(c)(4))

    The Agency believes that there is a strong end market for processed 
CRT glass. CRT glass manufacturers and lead smelters have developed 
relationships with CRT glass processors to increase the amount and 
quality of reclaimed CRT glass cullet available for glass-to-glass 
recycling and lead reclamation. In addition, CRT glass manufacturers 
have developed programs in which off-specification CRTs may be 
delivered directly to CRT processors for initial processing. The 
processed CRT glass is delivered to CRT glass manufacturers for use as 
feedstock in glass-to-glass manufacturing, or to lead smelters for 
recycling.

v. The extent to which the partially reclaimed material is handled to 
minimize loss (40 CFR 260.31(c)(5))

    The Agency believes that current CRT glass industry practices are 
effective in minimizing losses and preventing releases. Processed CRT 
glass generally is stored indoors on a cement or asphalt pad. In most 
cases, the material is shipped in large capacity trucks that are 
covered with a tarp to minimize loss during transport. When the CRT 
glass manufacturers or lead smelters receive shipments, the glass is 
unloaded into a temporary holding area, inspected, and either loaded 
onto a conveyor belt for further processing or stored under cover. 
Following these steps, the reclaimed CRT glass enters the furnace 
feedstock stream or the smelter.

e. Processed Glass From Used CRTs Sent For Other Types of Recycling 
Within EPA Region III

    Under today's rule, processed glass from used CRTs sent for 
recycling at a facility other than a glass manufacturer or a lead 
smelter will be excluded from the definition of solid waste only if 
additional conditions are met. The processed glass will have to be 
packaged and labeled in accordance with the requirements of 40 CFR 
261.40(a). Also, speculative accumulation limits will apply.
    As stated previously, processed glass is sometimes sent to copper 
smelters for recycling. It also may be sent for recycling into objects 
such as radiation shielding, acoustical barriers, optical glass beads, 
or decorative glass and tile products. The Agency believes that 
processed glass sent for such uses resembles a commodity more than a 
waste if it is packaged and labeled under these conditions. In 
addition, such packaging ensures that the possibility of releases to 
the environment is minimal.

f. Processed Glass From Used CRTs Used in a Manner Constituting 
Disposal Within EPA Region III

    If processed glass is sent for any kind of recycling that involves 
land placement, it would be subject to the requirements of 40 CFR part 
266, Subpart C, for recyclable materials used in a manner constituting 
disposal. The Agency is currently unaware of processed glass being 
recycled in this manner.

V. State Authority

A. Applicability of Rules in Authorized EPA Region III's States

    Under section 3006 of RCRA, EPA may authorize qualified states to 
administer and enforce the RCRA hazardous waste program within the 
state. Following authorization, EPA retains enforcement authority under 
sections 3008, 3013, and 7003 of RCRA, although authorized states have 
primary enforcement responsibility. The standards and requirements for 
state authorization are found at 40 CFR Part 271. Each of Region III's 
states is authorized to implement the RCRA program.
    Prior to enactment of the Hazardous and Solid Waste Amendments of 
1984 (HSWA), a State with final RCRA authorization administered its 
hazardous waste program entirely in lieu of EPA administering the 
federal program in that state. The federal requirements no longer 
applied in the authorized state, and EPA could not issue permits for 
any facilities in that state, since only the state was authorized to 
issue RCRA permits. When new, more stringent federal requirements were 
promulgated, the state was obligated to enact equivalent authorities 
within specified time frames. However, the new federal requirements did 
not take effect in an authorized state until the state adopted the 
federal requirements as state law.
    In contrast, under RCRA section 3006(g) (42 U.S.C. 6926(g)), which 
was added by HSWA, new requirements and prohibitions imposed under HSWA 
authority take effect in authorized states at the same time that they 
take effect in unauthorized states. EPA is directed by the statute to 
implement these requirements and prohibitions in authorized states, 
including the issuance of permits, until the state is granted 
authorization to do so. While states must still adopt HSWA related 
provisions as state law to retain final authorization, EPA implements 
the HSWA provisions in authorized states until the states do so.
    Authorized states are required to modify their programs only when 
EPA enacts federal requirements that are more stringent or broader in 
scope than existing federal requirements. RCRA section 3009 allows the 
states to impose standards more stringent than those in the federal 
program (see also 40 CFR 271.1). Therefore, authorized states may, but 
are not required to, adopt federal regulations, both HSWA and non-HSWA, 
that are considered less stringent than previous federal regulations.

B. Effect on State Authorization

    Today's rule is less stringent than the current federal program. 
Because states generally are not required to adopt less stringent 
regulations, the Region III states do not have to adopt these 
regulations for CRTs. However, because EPA is promulgating this rule to 
implement the October, 2001 MOU signed by the Region III states and 
EPA, EPA expects that the Region III states will take all necessary 
actions to implement this rule. Some Region III states may already be 
in the process of revising their regulations for these materials.

C. Interstate Transport

    Because this rule applies within Region III states only, and some 
of these states may choose to implement slightly different, more 
stringent versions of today's rule, there may be cases when used CRTs 
or processed CRT glass will be transported through Region III or non-
Region III states, with different regulations governing these wastes.
    First, a waste originating in a Region III state which is 
implementing today's conditional exclusion from the definition of solid 
waste may be sent to

[[Page 78728]]

or through any other state outside of Region III, where it is subject 
to the full hazardous waste regulations. In this scenario, for the 
portion of the trip through the originating state, and any other state 
where the waste is excluded, neither a hazardous waste transporter with 
an EPA identification number per 40 CFR 263.11 nor a manifest would be 
required. However, for the portion of the trip through the receiving 
state, and any other states that do not consider the waste to be 
excluded, the transporter must have a manifest, and must move the waste 
in compliance with 40 CFR part 263. In order for the final transporter 
and the receiving facility to fulfill the requirements concerning the 
manifest (40 CFR 263.20, 263.21, 263.22; 264.71, 264.72, 264.76 or 
265.71, 265.72, and 265.76), the initiating facility should complete a 
manifest and forward it to the first transporter to travel in a state 
where the waste is not excluded. The receiving facility must then sign 
the manifest and send a copy to the initiating facility. EPA recommends 
that the initiating facility note in block 15 of the manifest (Special 
Handling Instructions and Additional Information) that the wastes are 
covered by an exclusion in the initiating state but not in the 
receiving facility's state.
    Second, a hazardous waste generated in a state which does not 
provide an exclusion for the waste may be sent to a Region III state 
where it is conditionally excluded. In this scenario, the waste must be 
moved by a hazardous waste transporter while the waste is in the 
generator's state or any other states where it is not excluded. The 
initiating facility must complete a manifest and give copies to the 
transporter as required under 40 CFR 262.23(a). Transportation within 
the receiving state and any other states that exclude the waste need 
not require a manifest and need not be transported by a hazardous waste 
transporter. However, it is the initiating facility's responsibility to 
ensure that the manifest is forwarded to the receiving facility by any 
non-hazardous waste transporter and sent back to the initiating 
facility by the receiving facility (see 40 CFR 262.23 and 262.42). EPA 
recommends that the generator note in block 15 of the manifest (Special 
Handling Instructions and Additional Information) that the waste is 
excluded in the receiving facility's state but not in the generator's 
state.
    Third, a waste may be transported across a state in which it is 
subject to the full hazardous waste regulations although other portions 
of the trip may be from, through, and to states in which it is 
excluded. Transport through the state must be conducted by a hazardous 
waste transporter and must be accompanied by a manifest. In order for 
the transporter to fulfill its requirements concerning the manifest 
(Subpart B of part 263), the initiating facility must complete a 
manifest as required under the manifest procedures and forward it to 
the first transporter to travel in a state where the waste is not 
excluded. The transporter must deliver the manifest to, and obtain the 
signature of, either the next transporter or the receiving facility.

VI. Regulatory Requirements

A. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735), the Agency must 
determine whether this regulatory action is ``significant'' and 
therefore subject to formal review by the Office of Management and 
Budget (OMB) and to the requirements of the Executive Order, which 
include assessing the costs and benefits anticipated as a result of 
this regulatory action. The Order defines ``significant regulatory'' 
action as one that is likely to result in a rule that may: (1) Have an 
annual effect on the economy of $100 million or more or adversely 
affect in a material way the economy, a sector of the economy, 
productivity, competition, jobs, the environment, public health or 
safety, or state, local, or tribal governments or communities; (2) 
create a serious inconsistency or otherwise interfere with an action 
taken or planned by another agency; (3) materially alter the budgetary 
impact of entitlements, grants, user fees, or loan programs or the 
rights and obligations of recipients thereof; or (4) raise novel legal 
or policy issues arising out of legal mandates, the President's 
priorities, or the principles set forth in the Executive Order.
    It has been determined that this rule is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 and is 
therefore not subject to OMB review. Pursuant to the terms of Executive 
Order 12866, the Agency determined that the proposed national rule is a 
significant regulatory action. As such, the proposed national rule was 
submitted to OMB for review. Changes made in response to OMB 
suggestions or recommendations are documented in the national docket.
    We note that as part of the national CRT rulemaking, EPA conducted 
an economic analysis to estimate the cost savings, incremental costs, 
economic impacts and benefits to affected regulated entities 
nationally. A copy of the analysis (entitled, ``Economic Analysis of 
Cathode Ray Tube Management, Notice of Proposed Rulemaking'') has been 
placed in the RCRA docket for the national rule for public review. No 
separate analysis has been conducted for this rule since it is 
considered to be included in the national proposed rule.

B. Regulatory Flexibility Act (RFA), as Amended By the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et 
seq.

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq., 
as amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996), whenever an Agency is required to publish a notice 
for any proposed or final rule, it must prepare and make available for 
public comment a regulatory flexibility analysis that describes the 
effect of the rule on small entities (i.e., small businesses, small 
organizations, and small governmental jurisdictions). However, no 
regulatory flexibility analysis is required if the head of an agency 
certifies the rule will not have a significant economic impact on a 
substantial number of small entities. SBREFA amended the Regulatory 
Flexibility Act to require Federal agencies to provide a statement of 
the factual basis for certifying that a rule will not have a 
significant economic impact on a substantial number of small entities. 
The following discussion explains EPA's determination.
    The small entity analysis conducted for the proposed national rule 
indicates that streamlining requirements for CRTs is expected to result 
in savings to affected entities compared to baseline requirements. 
Under the full compliance scenario, the rule is not expected to result 
in a net cost to any affected entity. Thus, adverse impacts are not 
anticipated. Costs could increase for entities that are not complying 
with current regulatory requirements, but even these costs, which are 
not properly attributable to the current requirements, would not be 
expected to result in significant impacts on a substantial number of 
small entities. Based on the foregoing discussion, I hereby certify 
that this rule will not have a significant adverse economic impact on a 
substantial number of small entities. Consequently, the Agency has 
determined that preparation of a formal Regulatory Flexibility Analysis 
is unnecessary.

C. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement

[[Page 78729]]

Fairness Act of 1996, generally provides that before a rule may take 
effect, the agency promulgating the rule must submit a rule report, 
including a copy of the rule, to each House of the Congress and to the 
Comptroller General of the United States. EPA will submit a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives, and the Comptroller General of the 
United States prior to publication of the rule in the Federal Register. 
A major rule cannot take effect until 60 days after it is published in 
the Federal Register. This action is not a ``major rule'' as defined by 
5 U.S.C. 844(2). It will take effect on [insert date--60 days after 
publication] unless it is otherwise withdrawn.

D. Paperwork Reduction Act

    The information collection requirements in this rule have been 
submitted for approval to the Office of Management and Budget (OMB) 
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An 
Information Collection Request (ICR) document has been prepared (ICR 
No. 1189.10) and a copy may be obtained by mail from Susan Auby at 
Collection Strategies Division, U.S. Environmental Protection Agency 
(Mail Code 2822T), 1200 Pennsylvania Avenue NW., Washington, DC 20460, 
by email at [email protected], or by calling (202) 566-1672. A copy 
may also be downloaded off the internet at http://www.epa.gov/icr. The 
information collection requirements are not effective until OMB 
approves them.
    The information requirements established for this action, and 
identified in the Information Collection Request (ICR) supporting 
today's rule, are largely self-implementing. This process will ensure 
that: (i) Regulated entities managing CRTs are held accountable to the 
applicable requirements; and (ii) state inspectors can verify 
compliance when needed.
    EPA will use the collected information to ensure that CRTs are 
being managed in a protective manner. These data aid the Agency in 
tracking waste shipments and identifying improper management practices. 
In addition, information kept in facility records helps handlers, 
processors, and destination sites to ensure that they and other 
facilities are managing these wastes properly. Section 3007(b) of RCRA 
and 40 CFR part 2, subpart B, which define EPA's general policy on the 
public disclosure of information, contain provisions for 
confidentiality. However, no questions of a sensitive nature are 
included in any of the information collection requirements associated 
with today's action.
    EPA has carefully considered the burden imposed upon the regulated 
community by the regulations. EPA is confident that those activities 
required of respondents are necessary and, to the extent possible, has 
attempted to minimize the burden imposed. EPA believes strongly that if 
the minimum requirements specified under the regulations are not met, 
neither the facilities nor EPA can ensure that used CRTs are being 
managed in a manner protective of human health and the environment.
    For the requirements applicable to CRTs being proposed nationally, 
the aggregate annual burden to respondents over the three-year period 
covered by this ICR is estimated at 10,426 hours, with a cost of 
approximately $687,000. Average annual burden hours per respondent are 
estimated to be 7 hours; there are an estimated 2,400 respondents. This 
represents a reduction in burden to respondents of approximately 18,616 
hours. There are no capital or start-up costs, operation or maintenance 
costs, and no costs for purchases of services. Nor is there any burden 
to the Agency. The regional burden will therefore be reduced 
proportionally.
    An Agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

E. Unfunded Mandates

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for federal agencies to assess the 
effects of their regulatory actions on state, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``federal mandates'' that 
may result in expenditures by state, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year.
    Before promulgating a rule for which a written statement is needed, 
section 205 of the UMRA generally requires EPA to identify and consider 
a reasonable number of regulatory alternatives and adopt the least 
costly, most cost-effective or least burdensome alternative that 
achieves the objectives of the rule. The provisions of section 205 do 
not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective, or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted.
    Before EPA establishes any regulatory requirements that may 
significantly or uniquely affect small governments, including tribal 
governments, it must have developed under section 203 of the UMRA a 
small government agency plan. The plan must provide for notifying 
potentially affected small governments, enable officials of affected 
small governments to have meaningful and timely input in the 
development of EPA regulatory proposals with significant federal 
intergovernmental mandates, and informing, educating, and advising 
small governments on compliance with the regulatory requirements.
    The Agency's analysis of compliance with the Unfunded Mandates 
Reform Act (UMRA) of 1995 found that today's rule imposes no 
enforceable duty on any state, local or tribal government or the 
private sector. This rule contains no federal mandates (under the 
regulatory provisions of title II of the UMRA) for state, local, or 
tribal governments or the private sector. In addition, EPA has 
determined that this rule contains no regulatory requirements that 
might significantly or uniquely affect small governments. The Act 
generally excludes from the definition of ``federal intergovernmental 
mandate'' (in sections 202, 203, and 205) duties that arise from 
participation in a voluntary federal program. Today's rule is 
voluntary. The UMRA also excludes from the definition of ``federal 
private sector mandate'' duties that arise from participation in a 
voluntary federal program. Therefore, we have determined that today's 
rule is not subject to the requirements of sections 202 and 205 of 
UMRA.

F. Executive Order 13132

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
meaningful and timely input by state and local officials in the 
development of regulatory policies that have federalism implications. 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the states, on the relationship between the national 
government and the states, or on the distribution of power and 
responsibilities among the various levels of government.'' This rule

[[Page 78730]]

does not have federalism implications. It will not have substantial 
direct effects on the states, on the relationship between the national 
government and the states, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132.

G. Executive Order 13175

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' ``Policies that have tribal 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on one or more Indian tribes, on 
the relationship between the federal government and the Indian tribes, 
or on the distribution of power and responsibilities between the 
federal government and Indian tribes. This rule does not have tribal 
implications. It will not have substantial direct effects on tribal 
governments, on the relationship between the federal government and 
Indian tribes, or on the distribution of power and responsibilities 
between the federal government and Indian tribes, as specified in 
Executive Order 13175.

H. Executive Order 13045

    ``Protection of Children From Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997) applies to any rule that EPA 
determines (1) ``economically significant'' as defined under Executive 
Order 12866, and (2) concerns an environmental health or safety risk 
that EPA has reason to believe may have a disproportionate effect on 
children. If the regulatory action meets both criteria, the Agency must 
evaluate the environmental health or safety effects of the planned rule 
on children and explain why the planned regulation is preferable to 
other potential effective and reasonably feasible alternatives 
considered by the Agency. This rule is not subject to Executive Order 
13045 because it is not an economically significant rule as defined by 
Executive Order 12866.

I. Executive Order 13211

    This rule is not a ``significant energy action'' as defined in 
Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001) because it is not likely to have a significant 
adverse effect on the supply, distribution, or use of energy. Today's 
rule revises hazardous waste management requirements for used cathode 
ray tubes. By encouraging reuse and recycling, the rule may save energy 
costs associated with manufacturing new materials. It will not cause 
reductions in supply or production of oil, fuel, coal, or electricity. 
Nor will it result in increased energy prices, increased cost of energy 
distribution, or an increased dependence on foreign supplies of energy.

J. National Technology Transfer and Advancement Act of 1995

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA,'' Public Law 104-113, section 12(d) (15 U.S.C. 
272 note) directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus standards bodies. The NTTAA directs EPA 
to provide Congress, though OMB, explanations when the Agency decides 
not to use available and applicable voluntary consensus standards. This 
rule does not establish technical standards. Therefore, EPA did not 
consider the use of any voluntary consensus standards.

K. Environmental Justice

    Executive Order 12898, ``Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations' (February 
11, 1994) is designed to address the environmental and human health 
conditions of minority and low-income populations. EPA is committed to 
addressing environmental justice concerns and has assumed a leadership 
role in environmental justice initiatives to enhance environmental 
quality for all citizens of the United States. The Agency's goals are 
to ensure that no segment of the population, regardless of race, color, 
national origin, income, or net worth bears disproportionately high and 
adverse human health and environmental impacts as a result of EPA's 
policies, programs, and activities. In response to Executive Order 
12898, EPA's Office of Solid Waste and Emergency Response (OSWER) 
formed an Environmental Justice Task Force to analyze the array of 
environmental justice issues specific to waste programs and to develop 
an overall strategy to identify and address these issues (OSWER 
Directive No. 9200.3-17). To address this goal, EPA conducted a 
qualitative analysis of the environmental justice issues under the 
national proposed rule. Potential environmental justice impacts are 
identified consistent with the EPA's Environmental Justice Strategy and 
the OSWER Environmental Justice Action Agenda.
    Today's rule will revise management requirements for used cathode 
ray tubes sent for recycling. Facilities that would be affected by 
today's rule include any facility generating hazardous waste computers 
and televisions sent for recycling. Also affected would be facilities 
which recycle these materials. Disposal facilities themselves would not 
be affected by today's rule.
    The wide distribution of affected facilities throughout the United 
States does not suggest any distributional pattern around communities 
of concern. Any building in any area could be affected by today's rule. 
Specific impacts on low income or minority communities, therefore, are 
undetermined. The Agency believes that emissions during transportation 
would not be a major contributor to communities of concern through 
which used CRTs may be transported. Any such material broken during 
transport would be contained in the required packaging. Overall, no 
disproportional impacts to minority or low income communities are 
expected.

List of Subject in 40 CFR Part 261

    Environmental protection, Hazardous waste, Recycling, Reporting and 
record keeping requirements, Waste treatment and disposal.

    Dated: December 19, 2002.
Christine T. Whitman, Administrator,
United States Environmental Protection Agency.
    For the reasons set out in the preamble, title 40, chapter I of the 
Code of Federal Regulations, parts 261 is amended as follows:

PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

    1. The authority citation for Part 261 continues to read as 
follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, 6924(y), and 
6938.

Subpart A--General

    2. Section 261.4 is amended by adding and reserving paragraph 
(a)(23) and adding paragraph (a)(24) to read as follows:


Sec.  261.4  Exclusions.

    (a) * * *

[[Page 78731]]

    (23) [Reserved]
    (24) Used cathode ray tubes (CRTs) (as defined in Sec.  261.40(f)) 
to be recycled in the District of Columbia; the States of Delaware, 
Maryland, and West Virginia; and the Commonwealths of Pennsylvania and 
Virginia,
    (i) Used, intact CRTs as defined in Sec.  261.40(f) to be recycled 
in the District of Columbia; the States of Delaware, Maryland, and West 
Virginia; and the Commonwealths of Pennsylvania and Virginia are not 
solid wastes unless disposed.
    (ii) Used, broken CRTs as defined in Sec.  261.40(f) to be recycled 
in the District of Columbia; the States of Delaware, Maryland, and West 
Virginia; and the Commonwealths of Pennsylvania and Virginia are not 
solid wastes provided that they meet the requirements of Sec.  261.40 
and that the CRTs are not accumulated speculatively as defined in Sec.  
261.1(c).
* * * * *

    3. Part 261 is amended by adding Subpart E consisting of Sec. Sec.  
261.39 and 261.40, to read as follows:
Subpart E--Exclusions/Exemptions
Sec.
261.39 [Reserved]
261.40 Conditional Exclusion for Used, Broken Cathode Ray Tubes 
(CRTs) To Be Recycled in the District of Columbia; the States of 
Delaware, Maryland, and West Virginia; and the Commonwealths of 
Pennsylvania and Virginia.

Subpart E--Exclusions/Exemptions


Sec.  261.39  [Reserved]


Sec.  261.40  Conditional Exclusion for Used, Broken Cathode Ray Tubes 
(CRTs) To Be Recycled in the District of Columbia; the States of 
Delaware, Maryland, and West Virginia; and the Commonwealths of 
Pennsylvania and Virginia.

    Used, broken CRTs to be recycled within the Region III States are 
not solid wastes if they meet the following conditions:
    (a) Prior to processing: These materials are not solid wastes if 
they are destined for recycling within a Region III state and if they 
meet the following requirements:
    (1) Storage. The broken CRTs must be:
    (i) Placed in a container (i.e., a package or a vehicle) that is 
constructed, filled, and closed to minimize identifiable releases to 
the environment of CRT glass (including fine solid materials), and
    (ii) Stored in an enclosed building with a roof, floor, and walls
    (2) Labeling. Each container in which the used, broken CRT is 
contained must be labeled or marked clearly with one of the following 
phrases: ``Waste cathode ray tube(s)--contains leaded glass,'' or 
``Used cathode ray tube(s)--contains leaded glass.'' It must also be 
labeled: ``Do not mix with other glass materials.''
    (3) Transportation. These CRTs must be transported in a container 
meeting the requirements of paragraphs (a)(1)(i) and (2) of this 
section.
    (4) Speculative accumulation. These CRTs are subject to the 
limitations on speculative accumulation as defined in Sec.  261.1.
    (b) Requirements for used CRT processing. Used, broken CRTs 
undergoing CRT processing as defined in paragraph (f) of this section 
are not solid wastes if they meet the following requirements:
    (1) Storage. Used, broken CRTs undergoing processing are subject to 
the requirements of paragraphs (a)(1), (2), and (4) of this section.
    (2) Processing. (i) All CRTs must be processed within an enclosed 
building with a roof, floor, and walls; and (ii) No activities may be 
performed that use temperatures high enough to volatilize lead from 
CRTs.
    (c) Processed CRT glass sent to CRT glass making or lead smelting. 
Glass removed from used CRTs that is destined for recycling at a CRT 
glass manufacturing facility or a lead smelter after processing is not 
a solid waste unless it is speculatively accumulated as defined in 
Sec.  261.1.
    (d) Processed CRT glass sent to other types of recycling, except 
for use constituting disposal. Glass removed from used CRTs that is 
destined for other types of recycling after processing (except use 
constituting disposal) is not a solid waste if it meets the 
requirements of paragraphs (a)(1) through (4) of this section.
    (e) Use constituting disposal. Processed glass removed from CRT 
monitors that is used in a manner constituting disposal must comply 
with the requirements of paragraphs (a)(1) through (4) of this section 
and the applicable requirements of 40 CFR Part 266, Subpart C.
    (f) Definitions. For purposes of this section, the following 
definitions apply:
    Cathode ray tube or CRT means a vacuum tube, composed primarily of 
glass, which is the video display component of a television or computer 
monitor. An intact CRT means a CRT remaining within the monitor whose 
vacuum has not been released. A broken CRT means glass removed from the 
monitor after the vacuum has been released.
    CRT glass manufacturing facility means a facility or part of a 
facility located within the Region III States that uses a furnace to 
manufacture CRT glass.
    CRT processing means the conducting of all of the following 
activities at a facility within the EPA Region III's States:
    (i) receiving broken or intact CRTs;
    (ii) intentionally breaking intact CRTs or further breaking or 
separating broken CRTs;
    (iii) sorting or otherwise managing glass removed from CRT 
monitors; and
    (iv) cleaning coatings off the glass removed from CRTs.
    EPA Region III's States means the District of Columbia; the States 
of Delaware, Maryland, and West Virginia; and the Commonwealths of 
Pennsylvania and Virginia.

[FR Doc. 02-32547 Filed 12-24-02; 8:45 am]
BILLING CODE 6560-50-P