E-WASTE LAWS What is E-Waste? E-waste is a recently coined informal name for electronic products at the end of their "useful life" that are discarded into our nation’s waste stream. E-waste may include computers, televisions, VCRs, stereos, copiers, fax machines and other common electronic products. According to the Consumer Electronics Association (CEA), Americans own approximately 24 electronic products per household. Although much of e-waste may be refurbished or recycled, most e-waste is discarded in landfills. While e-waste constitutes only two percent of the municipal solid waste stream, that percentage is increasing annually. In 2007, Americans disposed of approximately 2.5 million tons of e-waste. E-waste items may be dangerous to the environment when thrown into a landfill. Lead (used in television and computer cathode ray tubes and solder) , mercury (used in bulbs to light flat panel monitors), flame retardants (used in plastic cases and cables), cadmium (used in ni-cad rechargeable batteries for laptops and other portables) are among the substances in electronics that may harm our environment. Moreover, due to the potential hazards of these substances, the cost to States and those managing landfills for disposing of e-waste is exorbitant.
E-Waste Laws? In response to the rapid increase of e-waste entering our nation’s waste stream, many states enacted “E-Waste” laws that regulate the disposal of e-waste in landfills. Most of these laws address TVs, computer monitors and laptop computers with screens over 4 inches. The laws take several different approaches – some are simply disposal bans, others assess fees for disposing of e-waste in landfills, others charge a recycling fee to consumers at the point of sale, and still others apportion the costs for disposing of these items in landfills to the manufacturers. At present, 22 states have E-Waste laws, with additional state laws on the horizon. The National Center for Electronics Recycling tracks these state laws and maintains a list of current E-Waste Laws with a summary on their website at http://www.electronicsrecycling.org, along with a map identifying the different type of laws in effect in each state.
Summary of State and Federal E-Waste Laws in effect as of Tuesday, April 28, 2009 copied from their website http://www.electronicsrecycling.org Arkansas:
Law passed in 2007 imposes landfill disposal fees on compacted and uncompacted solid waste to support a computer and electronic equipment recycling program. • Text of Statute California: Law passed in 2003 requires an Advance Recycling Fee of $6-$10 charged at the point of sale on video display devices. • Text of Statute (SB 50) • California Integrated Waste Management Board Recycling Law Website • E-Recycle.Org- Info on California's Electronics Recycling Law • Final Regulations Connecticut: Law passed in 2007 requires manufacturers of TVs, laptops, desktops, and computer monitors to responsible for the costs of processing their branded products (and in certain cases orphans, as well) that are delivered to recyclers as of January 1, 2009. • Text of Statute Hawaii: Law signed July 2008, which establishes a state program for collection, recycling, enforcement, and monitoring of covered electronic devices. It also establishes an electronic device recycling fund within the state treasury to collect all fees, payments and penalties under the Act. All monies collected are to be expended by the director solely for the purpose of implementing and enforcing the Act. • Text of Statute Illinois: Law signed September 17, 2008 which requires manufacturers to set up and pay for the collection, transport and recycling of the products that they sell in the state. It also sets up a recycling benchmark system whereby manufacturers are required to recycle 60% of a goal that will be set up by the state. Manufacturers must meet a minimum of 60% of this goal within three years, with the minimum percentage rising to 75% by the fourth year or be subject to penalties. • Text of Statute Maine: Manufacturers of TVs and computer monitors are responsible for the costs of processing their branded products (and in certain cases orphans, as well) that are delivered to consolidators. • Text of Statute • 2007 Amendments (scroll to Section 39) • Maine Department of Environmental Protection Recycling Law Website • Regulations
http://www.electronicsrecycling.org
Maryland:
Manufacturers of more than 1000 video display devices (as of October 2007) per year must register with the state and pay an annual $5000 fee that is deposited in a fund for making grants for local collection programs. After October 2007, the initial registration fee for any new manufacturer is $10,000. Manufacturers can reduce the annual fee to $500 by establishing an approved computer takeback program. • Text of Statute (Revised 2007 version) • Maryland Department of the Environment Recycling Law Website • Maryland Department of the Environment Article on Computer Recycling Law Massachusetts: Regulation bans CRTs from disposal, incineration, or transfer for disposal, at a solid waste disposal facility since April 2000. • Text of Regulations • Department of Environmental Protection TV and Computer Recycling Info Page Michigan: Signed December 29, 2008, The manufacturer electronic device takeback program applies to households and small businesses (those employing 10 employees or fewer) purchasing new computers and televisions. It requires all manufacturers selling new computers and televisions in Michigan to register with the Department of Environmental Quality (DEQ) and pay an annual registration fee of $3,000 by October 30, 2009. After April 1, 2010, all retailers, including internet, catalog, manufacturer direct, and in-state retailers, can only sell new computers and televisions manufactured by registered manufacturers. • Text of Statute Minnesota: Law passed in 2007 requires manufacturers of video display devices to recycle 60% of their market sales weight in 2007-2008, and 80% from July 2008 forward. Ban of CRTs from mixed municipal solid waste passed separately and was effective as of July 2006. • Text of 2007 Producer Responsibility Law • Text of Statute for CRT Disposal ban • Minnesota Pollution Control Agency Website for Electronics Recycling Law Missouri: Senate Bill 720, part of which is also known as the “Manufacturer Responsibility and Consumer Convenience Equipment Collection and Recovery Act,” was signed into law with an effective date of Aug. 28, 2008. This law requires manufacturers of computers to implement "recovery plans" for the collection of and the recycling or reuse of their obsolete equipment. Such manufacturers must also label their equipment to identify themselves as the manufacturer. • Text of Statute New Hampshire: Law signed in 2006 bans video display devices from New Hampshire landfills and incinerators as of July 1, 2007. Video display devices defined as a "visual display component of a television or a computer, whether separate or integrated with a computer central processing unit/box, and includes a cathode ray tube, liquid crystal display, gas plasma, digital light processing, or other image projection technology, greater than 4 inches when measured diagonally, and its case, interior wires, and circuitry." • Text of Statute • Department of Environmental Services Press Release on Law
http://www.electronicsrecycling.org
New Jersey: Producer responsibility law passed in January 2008 which requires manufacturers to pay a registration fee to the New Jersey Department of Environmental Protection and establish a collection, transportation and recycling system, independently or jointly, for the recovery of computers and televisions. Recycling programs must be implemented by January 1, 2010. • Text of Statute New York City: Producer responsibility law passed in April 2008 which requires manufacturers to submit plans for collection, transportation and recycling of computers, monitors, printers and televisions. Recycling programs must be implemented by July 1, 2009. • Text of Statute North Carolina: Law passed in 2007 requires computer equipment (excludes TVs) manufacturers to develop and implement recycling plans as of January 2009. Manufacturers must fully cover the costs of processing discarded computer equipment received from discarded computer equipment collectors. • Text of Statute (scroll to Section 16) Oklahoma: Signed into law on May 13, 2008 The Oklahoma Computer Recovery act establishes a convenient and enviornmentally sound recovery program for the collection, recycling and reuse of computers and computer monitors that have reached the end of their useful lives. • Text of Statute Oregon: Law passed in 2007 requires manufacturers of desktops, laptops, monitors, and TVs to participate in a recycling plan or pay a fee to the State Contractor program. Recycling programs begin on January 1, 2009. • Text of Statute Rhode Island: Signed into law June 27, 2008, it establishes a manufacturer financed system for the collection, recycling, and reuse of covered electronic devices in Rhode Island. • Text of Statute • Short write-up on bill basics Texas: Law passed in 2007 requires computer equipment (excludes TVs) manufacturers to develop and implement recycling plans as of January 2009. • Text of Statute Virginia: Law passed in 2007 requires computer equipment (excludes TVs) manufacturers to develop and implement recycling plans to be in effect as of July 2009. • Text of Statute Washington: Law signed in March 2006 requires producer responsibility as of January 1, 2009. Manufacturers of televisions, computer monitors, desktop and laptops computers, are required to join the standard plan or create an independent plan to manage their equivalent share of collected products. • Final text of statute signed by governor • Washington Department of Ecology rule development home page • Washington Department of Ecology Washington Recycles: Electronic Products page • Regulations
http://www.electronicsrecycling.org
West Virginia: Law signed on April 1, 2008. Manufacturers of more than 1,000 video display devices per year must register with the state and pay an annual fee that is deposited into a special account in the State Treasury to be known as the "Covered Electronic Devices Takeback Fund." These funds will be distributed in grants to counties and municipalities or other programs that divert covered electronic devices from the wastestream. Initial manufacturer registration fees are $10,000 for anyone who has not implemented a takeback program by January 1, 2009 and $3,000 for anyone who HAS implemented a takeback program by January 1, 2009. That fee is reduced in subsequent years to $5,000 for manufacturers with no plan and $500 with manufacturers with a plan. • Text of Statute
Federal - US EPA
In August 2005, EPA finalized the mercury-containing equipment component of the orginial proposed rule. • Federal Register Notice on adding Mercury-Containing Equipment to the list of Universal Wastes (August 5, 2005) Information Page on Discarded Mercury-Containing Equipment Rule In July 2006, EPA has also finalized a regulation governing the waste management requirements for Cathode Ray Tubes (CRTs) that was originally proposed in 2002. The CRT rule became effective on 1/29/07. • Final Rule, 7/28/06 • Federal Register Notice. 7/28/06 • Federal Register Notice, 6/12/2002 • EPA Information Page on CRT Rule
International Laws – Basel Convention
The BAN Amendment to the Basel Convention prevents the Organization for Economic Cooperation and Development (OECD) Countries, the European Union and Lichtenstein from exporting e-waste to non-OECD countries. OECD countries include: Australia, Austria, Belgium, Canada, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Korea, Luxembourg, Mexico, Netherlands, New Zealand, Norway, Poland, Portugal, Slovak Republic, South Korea, Spain, Sweden, Switzerland, Turkey, United Kingdom, United States.
Why Does This Matter To Us? In 2007, approximately 18 percent (414,000 tons) of discarded TVs and computer products were collected for recycling. Cell phones were recycled at a rate of approximately 10 percent. There are many reasons that AT Reutilization Programs should care about e-waste: • Social Responsibility. Reusing and recycling these materials from end-of-life electronics conserves our natural resources and avoids air and water pollution, as well as greenhouse gas emissions that are caused by manufacturing new products. • Support Community. Donating old electronics supports schools, low-income families, and nonprofits by providing needed electronics, and dovetails with the mission of AT Reutilization Programs. • Legal Responsibility. Many AT Reutilization programs dispose of e-waste during the course of their activities. It is important to abide by all existing State, Federal and International laws. It is also important to note that producer responsibility laws (those that assess a portion of the cost to the manufacturers of electronic products) could pose a possible liability concern to AT Reutilization Programs. Some AT reutilization programs refurbish/distribute items that could constitute e-waste. If these programs “brand” the products with labels, States that have producer responsibility laws could assess these e-waste items to the AT Reutilization Program. As such, we recommend that AT Reutilization Programs never cover over or remove original manufacturer labels for any electronic items it is refurbishing and/or distributing. Additionally, if downstream providers transmit e-waste internationally, it is important to ensure that these providers act consistent with the Basel Convention.
Recycling or Donating Electronic Equipment and Downstream Ramifications It is critical for organizations to determine their policies and procedures for disposing of electronic equipment. The National Center for Electronics Recycling offers an excellent guide for identifying resources for recycling in your area. One issue of concern (and potential liability) for AT Reutilization Programs is the activities of the “downstream” recyclers. When a Program donates or disposes of electronic equipment, these organizations, in turn, sell and/or dispose of the products to other companies and organizations. These are known as the “downstream” providers. When selecting recyclers, it is critical to ensure that the downstream providers are responsible. If products eventually are dumped in an illegal fashion, those products could be traced back to the Program, which could potentially be held accountable for the illegal actions of the downstream providers. We suggest that AT Programs identify a list of responsible recyclers. To develop this list, check with a state agency that deals with recycling, such as the state Environmental Protection Agency, Department of Natural Resources, Department of Environmental Quality, or Department of Commerce. Another option is to check with the local municipality or solid waste district to learn if they have electronics collection programs or events. The Consumer Electronics Association, Electronic Industries Alliance, and Earth 911 Web sites identify electronic equipment recyclers in many areas around the country. There are several certification programs for recyclers. Some programs are specific to electronics; others provide more general environmental assurances. These include: • Institute of Scrap Recycling Industry’s (ISRI) Recycling Industry Operating Standards (RIOS) certification
• International Association of Electronic Recyclers (IAER) certification and • International Organization for Standards (ISO), ISO 14001 certification. • Additionally, the Environmental Protection Agency (EPA) can assist Programs in picking responsible recyclers. The EPA has issued a set of voluntary Guidelines for Material Management under its Plug-In to eCycling Program. These guidelines encourage anyone who handles used electronic equipment to: • Maximize reuse, refurbishment, and recycling over disposal and incineration; • Take precautions to reduce emissions and exposures to workers and the environment; • Provide special handling of components which may contain substances of concern; • Ensure that exported electronic products are being sent for legitimate reuse, recycling or refurbishment; and • Ensure that downstream recycling, refurbishing and disposal facilities follow management practices that are consistent with the guidelines. In addition, Programs may find the EPA recycling audit tools, which were developed to aid the Federal government in determining which electronic equipment recyclers to use helpful. See the End of Life Management page on the Federal Electronics Challenge web site and the Checklist for the Selection of Electronic Recycling Services (PDF). Resources:
National Center for Electronics Recycling: http://www.erecycling.org NCER Resources:
Overview Studies • Department of Commerce Report: " Recycling Technology Products" (2006) • 2006 IAER Electronics Recycling Industry Report (2006) • Islands in the Wastestream: Baseline Study of Noncommercial Computer Reuse in the United States (CompuMentor 2004) • IAER Industry Report (2004) • Government Accountability Office "Electronic Waste: Strengthening the Role of the Federal Government in Encouraging Recycling and Reuse (2005)
Advocacy Group Reports
• Consumer Electronics Retailers Coalition Position on the Need for a National Electronics Management System (2005) • Electronic Manufacturer's Coalition for Responsible Recycling White Paper (2005) • HP Position Paper: A Product Stewardship Solution for IT Product Recycling (2005) • Competitive Enterprise Institute " Mandated Recycling of Electronics: A Lose-Lose Proposition" (2005) • Computer Takeback Campaign "Poison PCs and Toxic TV's (2004) IBM Product Takeback Position and Recommendations (2004) • Basel Avtion Network/SVTC "Exporting Harm" (2002) • Reason Public Policy Institute "Extended Producer Responsibility: Reexamining its Role in Enviornmental Progress" (2002)
• WCRC Citizen's Guide to Producer Responsibility (2003) • CAW/SVTC "Poison PCs and Toxic TVs" (2001)
State Electronics Recycling Data Reports
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Maine 2008 Brand Data Analysis Chart ( Jan - Dec 2008) CEP Pounds Collected BY Type and County - Ecycle Washington March 2009 CEP Pounds Collected By Type and County - Ecycle Washington February 2009 CEP Pounds Collected By Type and County - Ecycle Washington January 2009 Report by the Congressional Research Service - Analysis of State E-Waste Legislation (August 2007) Minnesota County E-waste Survey 2006 Hennepin County Minnesota 2005 Program Results Massachusetts 2004 & 2005 CRT Collection Data by Town Oregon E-Scrap Baseline Survey Report (2006) Maine E-Waste Collection Analysis (Jan-December 2006)
Pilot Electronics Collection Program Reports
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Kane County, Illinois Brand Sort Report (2006) Pilot Electronics Take-Back with Staples, Inc. (2005) Good Guys TV Collection Pilot (2005) Hennepin County MN Brand Tally Report (2005) EPA Region 3 Pilot Project (2004) Colorado Pilot Program Report (2002) Massachusetts CRT Program (2002) Minnesota Demonstration Project (2001)
State Study Committee Reports
• Washington State Study Committee Final Report (2006) • Website for Study Committee Documents/Notes • Illinois Law establishing the Computer Equipment Disposal and Recycling Commission (Enacted August 2005) • Oregon Advisory Committee on Electronic Product Stewardship (2005) • Supporting Documents for OR Report • Minnesota Summary of Waste Electronics Consultation Process (2004) • Maine Plan for the Collection and Recycling of Cathode Ray Tubes (2004) • Maryland Electroncis Recycling Workgroup Report (2004) • Electronic Waste Management in Vermont (2004)
Electronics Disposal Studies
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Swana Study of Metals in Landfills (2004) Critique of Swana Report (2004) UFL Electronics Leaching Report (2004) UFL Assessment of True Impacts of E-Waste Disposal in Florida UFL Lead Leachability for CRT's Study (1999)
Materials in Electronics
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CTBC/CPA Brominated Flame Retardants in Dust on Computers (2004) APC "Ten Facts to Know About Plastics From Consumer Electronics (2003) USGS Resource Recovery from Electronics (2001) Five Winds Toxic and Hazardous Materials in Electronics Report (2001) EIA "Evolution of Materials Used in Personal Computers" (2000) APC "Plastics from Residential Electronics Recycling (2000) MCC Electronics Industry Environmental Roadmap (1996)
Environmentally Sound Management Guidelines
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EPA Plug in Guidelines IAER Certification Standard Maine Guidelines for the Environmentallu Sound Management of Televisions and Computer Monitors Electronics Product Stewardship Canada Recycling Vendor Qualifications Program
EPA Documents
• Inspector General Report on EPA Actions on Electronics Waste (2004) • Municipal Solid Waste in the US (2003) Includes statistics on electronics found in landfills • Recycling Electronics and Asset Disposition (READ) Services: An EPA Government Wide Acuisition Contract • EPA DfE Computer Display Partnership (CRT vs. LCD) • EPA DfE Lead-Free Solder Partnership • EPA WasteWise Update: Electronics Reuse and Recycling
International
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StEP White Paper on Common Re-Use Definitions European Recycling Platform Strategy, Business Model and Implementation Progress (2005) WEEE Study in Ontario (2005) German Law Transposing WEEE Directive (2005) ARMA Annual Report 2005-2006
Contact Us: The Pass It On Center Georgia Dept. of Labor, Tools for Life Program 1700 Century Circle, Suite 300 Atlanta, Georgia 30345 1-800- 497-8665
[email protected] The contents of this report” were developed under a grant from the U.S. Department of Education to the Georgia Department of Labor/Tools for Life Program. These contents, however, do not necessarily represent the policy of the U.S. Department of Education or the Georgia Department of Labor, and you should not assume endorsement by the Federal Government or the State of Georgia.
