AERC Recycling Solutions CA/FO

AERC is a Pennsylvania corporation that holds itself out as a “full-service recycling company, engaged in recycling, including export of used computer monitors for reuse.” Its corporate headquarters are located in Flanders, NJ, with a Regional Processing facility located at 30677 Huntwood Avenue, in Hayward, California. This case involves export of used computer monitors, which contain cathode ray tubes (“CRTs”). A CRT is the glass video display component of an electronic device. Color CRTs contain high levels of lead and other metals that, when disposed, may leach at levels above the regulatory limit for toxicity. Pursuant to 40 CFR §§ 261.39-40, CRTs are excluded from the definition of solid waste if certain conditions are met, including a requirement that the exporter notify EPA of intent to export, and that EPA receives, and transmits to the exporter, an Acknowledgement of Consent (“AOC”) from the receiving country. AERC had met the requirements for the exclusion in 2007 and 2008, but did not have an AOC for shipments in 2009. On January 8, 2009, after its 2008 AOC had expired, AERC shipped computer monitors to Malaysia. AERC’s failure to meet the conditions of the exemption at 40 CFR §§ 261.39-40, subject it to the requirements of 40 CFR §§ 262.50 et seq., governing Exports of Hazardous Waste. AERC’s failure to obtain an AOC prior to shipping CRTs violated the requirements for export of hazardous waste. EPA received evidence supporting the