California Department of Resources Recycling and Recovery (CalRecycle) 

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Subject:    Notice of Proposed Rulemaking -- Electronic Waste Recovery and Recycling
Date Sent:    August 11, 2017
From:    EWaste@calrecycle.ca.gov
Message:   

  


NOTICE OF PROPOSED RULEMAKING


 


  


Title 14:                      Natural Resources


 


Division 7:                  Department of Resources Recycling and Recovery


 


Chapter 8.2:               Electronic Waste Recovery and Recycling


 



Articles/Sections:       Article 1.0, § 18660.5; Article 2.0, §§ 18660.6, 18660.7, 18660.8, 18660.9, 18660.10; Article 2.1, §§ 18660.12, 18660.13, 18660.15, 18660.16, 18660.17, 18660.18, 18660.19; Article 2.2, §§ 18660.20, 18660.21; Article 2.3, §§ 18660.22, 18660.23, 18660.24, 18660.25, 18660.30, 18660.31; Article 2.4, §§ 18660.32, 18660.33; Article 2.5, §§ 18660.35, 18660.36, 18660.37, 18660.39; Article 3.0, § 18660.41; Article 6, §§ 18660.44, 18660.45, 18660.46



 


PROPOSED REGULATORY ACTION


 


The Department of Resources Recycling and Recovery (“CalRecycle”) proposes to amend California Code of Regulations, Title 14, Division 7, Chapter 8.2 commencing with Section 18660.5.  The proposed regulations address issues such as eligibility, documentation, compliance, and accountability with respect to the implementation and administration of the Covered Electronic Waste (CEW) program.  CalRecycle intends to adopt the proposed regulations described herein after considering all recommendations, comments and objections regarding the proposed action.


 


PUBLIC HEARING


 


A public hearing to receive public comments is scheduled for 10/11/2017.  The hearing will be held at the:


 


Joe Serna Jr., Cal EPA Building


 


Coastal Hearing Room


 


1001 I Street, 2nd Floor


 


Sacramento, CA 95814


 


 


 


The hearing will begin at 9:30 a.m. on October 11, 2017, and will conclude at 12:00 p.m., or after all testimony is given. Any person may present statements or arguments, orally or in writing, with respect to the proposed action. CalRecycle requests that persons making oral comments also submit a written copy of their testimony at the hearing.  The hearing room is wheelchair accessible.  If you have any questions, please contact:


 


 


 


Andrew Hurst


 


Materials Management and Local Assistance Division


 


California Department of Resources Recycling and Recovery


 


P.O. Box 4025


 


Sacramento, CA 95812-4025


 


Phone: (916) 323-2872


 


FAX: (916) 319-7609


 


E-mail:  ewaste@calrecycle.ca.gov


 


WRITTEN COMMENT PERIOD


 


Any interested person, or his or her authorized representative, may submit to CalRecycle written comments relevant to the proposed regulations.  The written comment period for this rulemaking closes at 5:00 p.m. on October 10, 2017.  CalRecycle will consider only comments received by CalRecycle by that time.  Comments may be submitted via the contact information below.  CalRecycle will also accept written comments during the public hearing described above.  Please submit your written comments to:


 


Andrew Hurst


 


Materials Management and Local Assistance Division


 


California Department of Resources Recycling and Recovery


 


P.O. Box 4025


 


Sacramento, CA 95812-4025


 


FAX: (916) 319-7609


 


E-mail:  ewaste@calrecycle.ca.gov


 


AUTHORITY AND REFERENCES


 


Public Resources Code Sections (PRC) 40502(a), 42475(b) provide authority for the proposed regulations.  The purpose of the proposed action is to implement, interpret, and make specific laws related to the implementation and administration of the CEW program. The following is a list of references cited in the proposed regulations: PRC Sections 42461, 42463, 42464, 42465.2, 42472(b), 42474, 42475(a), 42475.2, 42476, 42476.5, 42477, 42478, and 42479, and make reference to specific statutory provisions in Government Code Sections 11400.20, 11415.10, 11445.10, 11445.20, 11503, 11505, and 11506.


 


The following sections are being implemented, interpreted, or made specific: Article 1.0, § 18660.5; Article 2.0, §§ 18660.6, 18660.7, 18660.8, 18660.9, 18660.10; Article 2.1, §§ 18660.12, 18660.13, 18660.15, 18660.16, 18660.17, 18660.18, 18660.19; Article 2.2, §§ 18660.20, 18660.21; Article 2.3, §§ 18660.22, 18660.23, 18660.24, 18660.25, 18660.30, 18660.31; Article 2.4, §§ 18660.32, 18660.33; Article 2.5, §§ 18660.35, 18660.36, 18660.37, 18660.39; Article 3.0, § 18660.41; Article 6, §§ 18660.44, 18660.45, 18660.46.


 


The Request for Approval was executed by the Director of CalRecycle, Scott Smithline, on 1/24/2017.


 


 


 


INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW


 


The California Integrated Waste Management Act (CIWMA), Public Resources Code (PRC) § 40000 et seq., gives CalRecycle authority to provide for the protection of public health, safety, and the environment through waste prevention, waste diversion, and safe waste processing and disposal.  PRC § 40502(a) requires CalRecycle to adopt rules and regulations to implement the CIWMA, and PRC § 42461 provides authority to CalRecycle to adopt regulations necessary to implement the CEW recycling program.  PRC § 42474 provides CalRecycle authority to impose a civil penalty facet to the program.


 


Existing sets of emergency regulations, aimed at managing residual material derived from processed CEW, particularly cathode ray tube (CRT) glass, and administering a civil penalty facet to the CEW recovery and recycling payment system, address the fundamental problems of overseeing an environmental program and dispensing public funds.  See attached Office of Administrative Law Notices of Approval for File Nos. 2015-0812-01E and 2015-0925-02 (See Attachments 1 and 2 to CalRecycle’s Initial Statement of Reasons). CalRecycle is seeking to make these emergency regulations permanent pursuant to Public Resources Codes section 42475.2(b). 


 


The proposed regulations provide clarity with respect to implementing and administering the CEW program in order to achieve the intent of the Electronic Waste Recycling Act of 2003 (“the Act”), established through SB 20, Sher, Chapter 526 (Public Resources Code Section 42460, et seq.)  Issues being addressed include: eligibility, documentation, compliance, and accountability.  In addition to providing more consistency within the text of the regulations, the proposed regulations clarify and make specific the following topics: definitions, applicability and limitations, record-keeping and information tracking, net cost reports, compliance requirements with respect to information provided in applications and recycling payment claims, requirements with respect to the management of treatment residuals derived from the dismantling of CEW, the appeal processes, cancellation methods, manufacturer payments, and the procedure for imposing civil liabilities for false statements or representations.


 


Program staff held multiple workshops to address various aspects of the proposed regulations prior to the submission of the emergency regulations.  Comments from the public were incorporated into those regulations.  With respect to the proposed regulations, staff held a public workshop on 12/20/2016 to share and accept comments on the informal draft of the proposed regulatory text.  This workshop was offered both in-person and via webinar. 


 


Benefits of the Proposed Regulations


 


The proposed rules benefit the State by ensuring that only authorized entities receive public funding for the compliant management of specified wastes.  The rules do so without placing excess burden on the voluntarily participating recycling industry by primarily relying on documents and demonstrations already required pursuant to a range of other State laws, such as hazardous waste rules and weighmaster rules.


 


The existing and proposed rules also ensure that only eligible CEW generated in California enters the program and that the funds derived from fees paid by California consumers are expended only on activities conducted in compliance with applicable law.  This benefits the State by protecting the environment and public funds. The emergency rules strengthened the documentation requirements for CRT glass management while providing management options. The proposed rules expand the allowable methods for managing, in general, residual materials derived from CEW, which allows participating businesses to select the most economically feasible practices within otherwise compliant options, while maintaining reasonable and effective regulatory oversight. 


 


Additionally, the proposed rules establish the mechanisms to hold accountable anyone making false statements or representations in documents used for the purpose of compliance with the Act and the CEW program regulations, via the imposition of administrative civil penalties. The process and procedures set forth ensure CalRecycle has the ability to exercise its statutory authority and impose civil liabilities. The proposed rules benefit the State through safeguarding the integrity of the CEW program and promoting compliance with the CEW program’s rules and regulations by acting as a deterrent to non-compliant behavior. Additionally, the proposed rules benefit the State through promoting a level playing field between program participants and fostering fair business practices.


 


PLAIN ENGLISH REQUIREMENTS


 


CalRecycle prepared the proposed regulations pursuant to the standard of clarity provided in Government Code Section 11349 and the plain English requirements set forth in Government Code Sections 11342.580 and 11346.2(a)(1).  CalRecycle considers the proposed regulations non-technical and drafted to be easily understood by those parties that will use them.


 


FEDERAL LAW OR REGULATIONS MANDATE


 


CalRecycle has determined that these proposed regulations do not have any significant differences from federal law.


 


CONSISTENCY WITH STATE REGULATIONS


 


CalRecycle performed a search of existing state regulations and finds that the proposed regulations are not inconsistent or incompatible with existing state laws or regulations. 


 


OTHER STATUTORY REQUIREMENTS


 


There are no other requirements prescribed by statute that are applicable to CalRecycle or to any specific regulations or class of regulations. (Govt. Code § 11346.5(a)(4)).


 


MANDATE ON STATE AGENCIES, LOCAL AGENCIES, OR SCHOOL DISTRICTS


 


CalRecycle has determined that the proposed regulations do not impose a mandate on state agencies, local agencies, or school districts. 


 


 


COST IMPACT ON PRIVATE PERSONS OR BUSINESSES


 


The CEW recycling program, including the associated payment system, is a voluntary program intended to relieve the costs of managing certain electronic wastes and businesses are not required to participate. However, participants must comply with applicable laws and regulations, including State hazardous waste rules that govern the handling of CEW and the compliant management of treatment residual. 


 


CalRecycle is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.  There are no new or separate costs incurred to participate in or comply with the CEW program.   The CEW program is a cost relief program established pursuant to the Electronic Waste Recycling Act of 2003.  Its intent is to offset cost for the otherwise compliant management of certain electronic wastes.  Existing regulations already require recordkeeping and claim submission.  The proposed regulations clarify those records and allow for additional options for managing treatment residuals within otherwise compliant practices to fulfill claim criteria.


 


The proposed regulations also include procedures for the statutorily authorized penalties.  The procedures set forth how CalRecycle can impose administrative civil penalties but do not increase costs of compliance for the regulated businesses.


 


RESULTS OF THE ECONOMIC IMPACT ASSESSMENT


 


Creation/Elimination of California Jobs


 


The requirements and options in the regulations will not create or eliminate jobs within the State of California.  The proposed regulations revise allowances and limitations regarding the management of certain regulated residuals derived from the dismantling of CEW, including cathode ray tubes (CRT) and CRT glass.  The rules establish criteria and thresholds that must be fulfilled and documented for participants in the CEW program to claim and receive payments pursuant to the Electronic Waste Recycling Act of 2003.  However, the rules do not create new and separate material management standards.


 


Additionally, the proposed rules establish the mechanisms to hold accountable anyone making false statements or representations in documents used for the purpose of compliance with the Act and the CEW program regulations, via the imposition of administrative civil penalties. The process and procedures set forth ensure CalRecycle has the ability to exercise its statutory authority and impose civil liabilities.


 


Creation/Elimination of California Businesses


 


The requirements and options in the regulations will not create or eliminate businesses within the State of California.  The proposed regulations revise allowances and limitations regarding the management of certain regulated residuals derived from the dismantling of CEW, including CRT and CRT glass.  The rules establish criteria and thresholds that must be fulfilled and documented for participants in the CEW program to claim and receive payments pursuant to the Electronic Waste Recycling Act of 2003.  However, the rules do not create new and separate material management standards.


 


Additionally, the proposed rules establish the mechanisms to hold accountable anyone making false statements or representations in documents used for the purpose of compliance with the Act and the CEW program regulations, via the imposition of administrative civil penalties. The process and procedures set forth ensure CalRecycle has the ability to exercise its statutory authority and impose civil liabilities.


 


Expansion of Businesses Doing Business Within the State


 


The requirements and options in the regulations will not create, expand, or eliminate businesses within the State of California.  The proposed regulations revise allowances and limitations regarding the management of certain regulated residuals derived from the dismantling of CEW, including CRT and CRT glass.  The rules establish criteria and thresholds that must be fulfilled and documented for participants in the CEW program to claim and receive payments pursuant to the Electronic Waste Recycling Act of 2003.  However, the rules do not create new and separate material management standards.


 


Additionally, the proposed rules establish the mechanisms to hold accountable anyone making false statements or representations in documents used for the purpose of compliance with the Act and the CEW program regulations, via the imposition of administrative civil penalties. The process and procedures set forth ensure CalRecycle has the ability to exercise its statutory authority and impose civil liabilities.


 


Benefits of the Regulations to Health and Welfare of California Residents, Worker Safety, and the State’s Environment


 


The proposed rules ensure that only authorized entities receive public funding for the compliant management of specified wastes.  The existing and proposed rules also ensure that only eligible CEW generated in California enters the program and that the funds derived from fees paid by California consumers are expended only on activities conducted in compliance with applicable law.  This benefits the State by protecting the environment and public funds. The proposed rules expand the allowable methods for managing, in general, residual materials derived from CEW, which allows participating businesses to select the most economically feasible practices within otherwise compliant options, while maintaining reasonable and effective regulatory oversight. 


 


The proposed rules establish the mechanisms to hold accountable anyone making false statements or representations in documents used for the purpose of compliance with the Act and the CEW program regulations, via the imposition of administrative civil penalties. The process and procedures set forth ensure CalRecycle has the ability to exercise its statutory authority and impose civil liabilities. The proposed rules benefit the State through safeguarding the integrity of the CEW program and promoting compliance with the CEW program’s rules and regulations by acting as a deterrent to non-compliant behavior. Additionally, the proposed rules benefit the State through promoting a level playing field between program participants and fostering fair business practices.


 


CalRecycle does not anticipate that the proposed regulations will affect worker safety.


 


FISCAL IMPACT


 


Cost or Savings to Any State Agency


 


CalRecycle has determined that the proposed regulations do not result in any cost or savings to any state agency.


 


Cost to Any Local Agency or School District


 


CalRecycle has determined that the proposed regulations do not result in cost to any local agency or school district that is required to be reimbursed pursuant to Government Code section 17500 et seq.   


 


Non-Discretionary Cost or Savings Imposed Upon Local Agencies


 


CalRecycle has determined that there are no non-discretionary costs or savings imposed upon any local agencies.


 


Cost or Savings in Federal Funding to the State


 


CalRecycle has determined that there are no costs or savings in federal funding to the state.


 


FINDINGS ON NECESSITY OF REPORTS


 


CalRecycle has determined that the requirement for specific reports is necessary for the health, safety, and welfare for the people of the state because it will help to ensure that the law applies equally to covered entities.


 


EFFECT ON HOUSING COSTS


 


CalRecycle made a determination that the proposed regulations will not have an effect on housing costs.


 


EFFECT ON BUSINESSES


 


CalRecycle has determined that the proposed regulations will not have a significant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states.  There are currently 410 approved collectors in the CEW program, of which approximately 30 are also approved recyclers.  Both approved collectors and approved recyclers must apply to participate by submitting certain documents that demonstrate eligibility.  Subsequently, approved collectors and approved recyclers conduct and document CEW recovery and recycling activities.  Recyclers generate treatment residuals such as cathode ray tubes (CRT) and other regulated materials as a result of dismantling CEW. 


 


CalRecycle made an initial determination that the proposed regulations will not affect the ability of California businesses to compete with businesses in other states because the proposed regulations clarify existing law and impose no requirements that would result in adverse cost impacts. 


 


There are no new or separate costs incurred to participate in or comply with the CEW program.   The CEW program is a cost relief program established pursuant to the Electronic Waste Recycling Act of 2003.  Its intent is to offset cost for the otherwise compliant management of certain electronic wastes.  Existing regulations already require recordkeeping and claim submission.  The proposed regulations clarify those records and allow for additional options for managing treatment residuals within otherwise compliant practices to fulfill claim criteria.


 


The proposed regulations also include procedures for the statutorily authorized penalties.  The procedures set forth how CalRecycle can impose administrative civil penalties but do not increase costs of compliance for the regulated businesses. 


 


EFFECT ON SMALL BUSINESSES


 


The majority of potentially affected businesses are small businesses. Only approved collectors and approved recyclers would be directly affected by these rules, and approximately 75 percent of these are small businesses.  However, CalRecycle has made the initial determination that the proposed regulatory action will not have a significant statewide adverse economic impact because the proposed regulations clarify existing law and impose no new requirements that would result in significant adverse cost impacts.


 


EFFECT ON THE CREATION OR ELIMINATION OF JOBS, EXISTING OR NEW BUSINESS IN THE STATE OF CALIFORNIA


 


The requirements and options in the regulations will not create or eliminate businesses within the State of California.  The proposed regulations revise allowances and limitations regarding the management of certain regulated residuals derived from the dismantling of CEW, including cathode ray tubes (CRT) and CRT glass.  The rules establish criteria and thresholds that must be fulfilled and documented for participants in the CEW program to claim and receive payments pursuant to the Electronic Waste Recycling Act of 2003.  However, the rules do not create new and separate material management standards.


 


CONSIDERATION OF ALTERNATIVES


 


CalRecycle must determine that no reasonable alternative it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost-effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.


 


CalRecycle staff attempted to incorporate documentation requirements that already exist under other regulatory frameworks to minimize impact on small businesses while still collecting the information necessary to fulfill the intent of statute. 


 


CalRecycle invites any interested persons to present statements or arguments with respect to any alternatives to the proposed regulations at the scheduled hearing and/or during the written comment period.


 


CONTACT PERSONS


 


Inquiries concerning the proposed action may be directed to:


 


Andrew Hurst


 


Materials Management and Local Assistance Division


 


California Department of Resources Recycling and Recovery


 


P.O. Box 4025


 


Sacramento, CA 95812-4025


 


Phone: (916) 323-2872


 


FAX: (916) 319-7609


 


E-mail:  ewaste@calrecycle.ca.gov


 


The backup contact person to whom inquiries concerning the proposed administration action may be directed to:


 


Jason Smyth


 


Materials Management and Local Assistance Division


 


California Department of Resources Recycling and Recovery


 


P.O. Box 4025


 


Sacramento, CA 95812-4025


 


Phone: (916) 341-6676


 


FAX: (916) 319-7147


 


E-mail:  ewaste@calrecycle.ca.gov


 


AVAILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE


 


CalRecycle will have the entire rulemaking file, the express terms of the proposed regulations, and all information that provides the basis for the proposed action, available for inspection and copying throughout the rulemaking process at the address provided above. As of the date this Notice is published in the Notice Register, the rulemaking file consists of this Notice, the text of the proposed regulations, the initial statement of reasons (ISOR), and the economic and fiscal impact statement.  Copies may be obtained by contacting Andrew Hurst at the address or e-mail or phone number listed above.  For more timely access to the text of the proposed regulations, and in the interest of waste prevention, interested parties are encouraged to access CalRecycle’s Internet webpage at:


 


http://www.calrecycle.ca.gov/Laws/Rulemaking/EWasteFinal/default.htm 


 


AVAILABILITY OF CHANGED OR MODIFIED TEXT


 


CalRecycle may adopt the proposed regulations substantially as described in this Notice after holding the hearing and considering all timely and relevant comments.  If CalRecycle makes modifications that are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least fifteen (15) days before CalRecycle adopts the regulations as revised.  Requests for the modified text should be made to the contact person named above.  CalRecycle will transmit any modified text to all persons who testify at the public hearing, all persons whose comments are received during the comment period, and all persons who request notification of the availability of such changes.  CalRecycle will accept written comments on the modified regulations for fifteen (15) days after the date on which they are made available.


 


AVAILABILITY OF THE FINAL STATEMENT OF REASONS


 


The Final Statement of Reasons will be available at the webpage listed herein, or you may contact the individuals listed above. 


 


AVAILABILITY OF DOCUMENTS ON THE INTERNET


 


Copies of this Notice, the Initial Statement of Reasons (ISOR), and the text of the proposed regulations in underline and strikeout may be accessed at:


 


http://www.calrecycle.ca.gov/Laws/Rulemaking/EWasteFinal/default.htm


 


 


 


 


 


 


To subscribe to or unsubscribe from the E-Waste listserv or other listservs, please go to http://www.calrecycle.ca.gov/Listservs/. For information on California`s Electronic Waste Recycling Act of 2003 (SB 20) implementation efforts, as well as other relevant developments go to http://www.calrecycle.ca.gov/Electronics/.


Note: In January 2010, the California Integrated Waste Management Board (CIWMB) became CalRecycle, and some web pages were moved, therefore you may encounter broken links in some of these archived messages. You may be able to find the page using this listing: http://www.calrecycle.ca.gov/Help/MergerMap.htm.

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