EPA Releases New CRT Rule, Tightening Exports for Reuse

Jul 01, 2014

The U.S. Environmental Protection Agency (EPA) has released its revised export provisions for cathode ray tubes (CRT).   The original rule was finalized July 28, 2006 (71 FR 42928), which conditionally excluded CRTs from solid waste so long as conditions were met.   This conditional exclusions remains intact since the streamlining of RCRA management standards is intended to encourage recycling and reuse rather than landfilling or incineration.   In November 2010, President Obama established the Interagency Task Force on Electronics Stewardship, co-chaired by EPA and the General Services Administration (GSA) (executive order 13514).  As part of EPA’s commitment to this effort, the agency committed to proposing changes to the existing CRT rule in order to better track CRT exports (76 FR 11243, March 1, 2011).  This new rule finalizes revisions to the export provisions that allow for the conditional exclusion of solid waste for used CRT exports. 

Key provisions of the revised rule include:

(1)    A new definition of “CRT Exporter”, has been added to consolidate the export related activities and assign responsibility for the CRT Exporter since there is often several persons involved in the export of CRTs.  “CRT Exporter” is any person in the United States who initiates a transaction to send used CRTs outside of the United States or its territories for recycling or reuse, or any intermediary in the United States arranging for such export.

  1. Only one submission is required;   
  2. Persons involved should assign exporter responsibilities among themselves; and,
  3. All persons are jointly and severally liable for failing to comply.

(2)    Additional Annual Reports for Used CRTs Sent for Recycling

  1. No later than March 1 of each year, the CRT Exporter must submit annual reports for used CRTs exported for recycling.  (This is in addition to the initial notification requirements.)   The report summarizes:  quantity (in kilograms); frequency of shipment; and ultimate destination(s) of all used CRTs exported for recycling during the previous calendar year;   
  2. Reports must also include the name, EPA ID number (if applicable), mailing and site address of the CRT exporter, the calendar year covered by the report a signed certification that certifies under penalty of law that shipments have been personally examined and are true, accurate and complete; and,
  3. Reports much be submitted to EPA’s Office of Enforcement and Compliance Assurance.
  4. To avoid duplicative submissions, EPA expects only one person to perform the CRT Exporter duties. 

(3)    Revised Notification Required for Used CRTs Sent for Recycling

  1. The CRT Exporter must state the name and address of the recycler or recyclers and the estimated quantity of used CRTs to be sent to each facility, as well as the names of any alternate recyclers.  (The expected quantity is the new change.)

(4)    Revised Notification Required for Used, Intact CRTs Exported for Reuse

  1. The one-time notice has been replaced.  CRT Exporters must now send a notification to cover export activity extending a 12-month or lesser period.
  2. The written notification, signed by the CRT Exporter must contain the following information:
    1. The name, mailing address, telephone number, and EPA ID number (if applicable) of the CRT Exporter;
    2. Estimated frequency or rate of exports for reuse and period of time for such exports;
    3. Estimated total quantity to be exported in kilograms;
    4. All points of entry to and departure from each transit country through which exports occur, a description of the approximate length of time the exports will remain in such country, and the nature of their handling while there;
    5. Description of the mode of transportation and type(s) of container
    6. Name and address of the ultimate destination facility or facilities where such CRTs will be reused, refurbished, distributed or sold, and the estimated quantity sent to each facility and any alternate destination facility;
    7. Description of the manner in which such CRTs will be reused in the foreign country; and,
    8. A certification signed by the CRT Exporter that certifies under penalty of law that the CRTs described in the notice are intact and fully functioning or capable of being functional after refurbishment and will be reused or refurbished then reused.

This final rule is effective on December 26, 2014 and affects all persons who export used CRTs for reuse and recycling.  The rule does not affect households or conditionally exempt small quantity generators.

For more information about the Revisions to the Export Provisions of the Cathode Ray Tube (CRT) Rule, please contact ISRI staff Eric Harris or David Wagger.

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