SR0184 99TH GENERAL ASSEMBLY

SR0184 LRB099 11139 MST 31607 r

SENATE RESOLUTION

WHEREAS, On September 17, 2008, the Electronic Products Recycling and Reuse Act, Public Act 95-0959, was enacted, setting forth procedures for the recycling and reuse of covered electronic devices in Illinois; and

WHEREAS, The Electronic Products Recycling and Reuse Act banned the disposal of covered electronic devices in landfills and incinerators beginning January 1, 2012; and

WHEREAS, To provide adequate collection of discarded electronic devices and comply with the disposal ban, more than 500 collection sites statewide are currently registered with the Illinois Environmental Protection Agency (IEPA) to accept electronic wastes; and

WHEREAS, Local governments statewide have contracted with electronic waste processors and recyclers for collection, reuse, and recycling of discarded electronics, providing a vital service to their residents; and

WHEREAS, A significant component of the discarded electronic waste stream collected to date has been, and continues to be, cathode ray tube (CRT) devices, including televisions and computer monitors; and

WHEREAS, CRT glass contains lead at a sufficiently high concentration to meet the definition of hazardous waste, necessitating handling the glass in a manner that protects human health and the environment; and

WHEREAS, The principal recycling market for CRT glass was historically the production of new CRTs; and

WHEREAS, Demand for new CRTs historically provided an economic incentive to recycle CRT glass for use in the manufacturing of new CRTs, and recyclers received revenue for the CRT glass provided to CRT manufacturers; and

WHEREAS, New CRTs have essentially ceased to be purchased in the United States, and there are no CRT manufacturing facilities located in the United States; and

WHEREAS, All CRT glass used in the manufacturing of new CRTs is now exported to India to the single remaining CRT manufacturing facility in the world; and

WHEREAS, There exist limited additional available outlets for the legitimate recycling of CRT glass in the United States; and

WHEREAS, The quantity of CRT glass collected far exceeds current demand and available markets for the glass; and

WHEREAS, CRT glass processing and recycling now carries a substantial cost, a significant change since the Electronic Products Recycling and Reuse Act was enacted in 2008; and

WHEREAS, The increased cost to process CRT glass has caused a number of electronic waste collection programs operated by local governments in Illinois to bear the cost increases or to be discontinued to avoid accumulation of CRTs; and

WHEREAS, Stockpiles of abandoned CRT glass have been discovered at several former electronic waste processing facilities across the United States, due to the lack of markets for CRT glass and the high cost associated with existing markets; and

WHEREAS, Kuusakoski Recycling and Peoria Disposal Company (PDC), both Illinois-based businesses, developed and permitted a CRT glass solution, the KleanKover Recycling Solution, whereby CRT glass is treated to reduce the leachable lead levels in the glass (the principal environmental concern associated with CRTs) below stringent federal thresholds and placed as Alternative Daily Cover (ADC) in a permitted landfill; and

WHEREAS, Kuusakoski Recycling and PDC have successfully operated the KleanKover Recycling Solution since November of 2013; and

WHEREAS, Given the lack of viable recycling markets, the IEPA has determined that treated CRT glass used as ADC can be counted towards manufacturer recycling goals under the Electronic Products Recycling and Reuse Act, as documented in IEPA correspondence to Kuusakoski Recycling on November 26, 2013; and

WHEREAS, Sustainable Electronics Recycling International (SERI), administrators of the R2 Standard (a voluntary certification standard for electronic waste recyclers) has prohibited its certified recyclers from using the KleanKover Recycling Solution or any other use of CRT glass as ADC; and

WHEREAS, At least 11 government jurisdictions in Illinois, representing over 4.3 million people and with some of the most effective e-waste recycling programs in the U.S., have petitioned SERI to reconsider its position on CRT glass management, citing the need for additional CRT glass management options in the U.S.; and

WHEREAS, Basel Action Network (BAN), administrators of the eStewards Standard (a separate voluntary certification standard for electronic waste recyclers) has defined any use of treated CRT glass within a disposal facility, including use as ADC, as a "last resort" option, effectively prohibiting use of the KleanKover Recycling Solution; and

WHEREAS, BAN has expressed interest in considering retrievable storage of CRT glass in permitted, monitored, and contained designated disposal sites as a preferred CRT glass management method; and

WHEREAS, In response to BAN's interest, PDC has proposed to develop a designated storage cell at its Indian Creek Landfill to provide storage and future retrieval of CRT glass, should markets develop to utilize the leaded glass; and

WHEREAS, The Indian Creek Landfill is fully permitted to develop the retrievable storage cell and accept treated CRT glass for placement in the cell, as confirmed by IEPA in a letter to PDC dated January 26, 2015; and

WHEREAS, PDC has established a perpetual care fund for the Indian Creek Landfill, consisting of a trust fund held by a third-party and available to Tazewell County (the host jurisdiction for the landfill), which provides funding to monitor and maintain the landfill into perpetuity, an even greater level of financial and environmental protection than is required under state and federal regulations; and

WHEREAS, PDC hosted a tour at the Indian Creek Landfill on October 23, 2014 for approximately 35 attendees of the annual conference of the Illinois Counties Solid Waste Management Association (ILCSWMA) to show attendees how CRT glass is currently managed, present the plan for retrievable storage, and answer questions; and

WHEREAS, ILCSWMA conference attendees were subsequently polled to determine their support for allowing treated CRT glass to be placed in a landfill regardless of whether it is used as ADC or placed in a dedicated cell for retrievable storage, and attendees voiced nearly unanimous support of this option with only 2 of the approximately 60 participants dissenting; and

WHEREAS, Kuusakoski Recycling and PDC formally petitioned BAN on November 18, 2014 to modify its standard and allow, as an additional preferred CRT glass management option, the placement of treated CRT glass in a retrievable storage cell within a permitted disposal site which has a perpetual care fund established; and

WHEREAS, At least 10 government jurisdictions in Illinois representing nearly 4 million people have sent letters to BAN in support of Kuusakoski Recycling and PDC's petition and urging BAN'S approval in order to maintain their vital electronic waste collection and recycling programs for their residents; and

WHEREAS, The option of retrievable storage of treated CRT glass in a dedicated cell at a permitted disposal site will provide needed environmentally protective, cost effective, and immediately available capacity for CRT glass, resulting in relief for residents, local governments, and recyclers across Illinois and the United States to manage this problematic material and reduce the potential for future discoveries of stockpiled material that would pose a significant environmental threat; therefore, be it

RESOLVED, BY THE SENATE OF THE NINETY-NINTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the Basel Action Network and the e-Stewards Leadership Council to approve the pending petition submitted by Kuusakoski Recycling and Peoria Disposal Company to allow the placement of treated CRT glass into a dedicated retrievable storage cell in a permitted disposal facility; and be it further

RESOLVED, That suitable copies of this resolution be delivered to the Executive Director of the Basel Action Network and the policy director of the Basel Action Network.