Electronics Recycling Systems and Policies
Waste Expo
April 5, 2006
Jason Linnell
Executive Director
National Center for Electronics Recycling
Presentation Overview
• National Center for Electronics Recycling
• Enacted State Legislation
– California, Maine, Maryland
• Proposed State Legislation 2006
– Trends from 2005
• Federal Legislative Activity
• Outlook
National Center for Electronics Recycling
• Mission: coordinate initiatives targeting the
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recycling of end-of-life electronics in the United
States and support actions to move towards a
national system
In Polymer Technology Park in Davisville, WV
Incorporated as non-profit in WV, 501(c)(3)
Manufacturer-led organization – leading
companies on environmental initiatives on
Advisory Committee
– Manufacturers, approve projects
– Multi-stakeholder project committees
Enacted State Legislation
California
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Two bills vetoed in 2002 – ARF of $15
SB 20 adopted 2003/Amended 2004 by SB 50
2005 – legislative changes for lease sales
Point of sale fee on certain video display devices
with screens > 4” diagonal
Effective January 1, 2005 on covered electronic
devices (CEDs) designated by DTSC
– CRT devices (TVs & monitors)
– LCD devices (laptops and monitors)
– LCD and Plasma TVs added July 1, 2005
SB 20/50 - Implementation
• Collection and Recycling Payments
– Authorized collector - $0.20/lb
– Authorized recycler - $0.28/lb
• Payments only authorized for covered devices
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collected on or after 1/1/05 from CA sources
(defined as users of the device in CA)
“Cancellation” activities (crushing, shredding,
dismantling) must occur within CA
SB 20/50 – Operations to Date
• Approved Collectors: 384
• Approved Recyclers: 45 (some dual collectors)
• 2005: BOE collected million $60 million
– At start, some problems with payment claims (missing info, not CA
sources, not properly documented, etc.)
• 225 claims submitted for payment: $31.1M – 64.8M
pounds of covered electronic waste
• Claims approved for payment: $19.1M – 39.8M pounds
• Claims still under review: $10.4M
• 93% of the dollars claimed has been approved for
payment
SB 20/50 – Regulations Update
• Emergency regulations were adopted in
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December 2004 specifying requirements for the
payment system
Permanent regulations will be enacted before
December 2006
Emergency regulations revised in Dec 2005 to
allow for “anonymous source” material and
change “agent designation for local govts
CIWMB and DTSC now working on final
regulations – may be significant changes to
– Draft regs published Feb 1, workshop held
Maine
• Passed in 2004: covers TVs and computer monitors
(includes laptops) from Maine households
– Desktops only covered by brand labeling requirement
• Municipalities collect from household, send/contract
to consolidation facilities.
• Consolidators conduct brand count, follow ESM
guidelines for recycling, bill manufacturers based on
actual count + orphan share
• Manufacturers submit compliance plans, file reports,
pay invoices from all consolidators for “allowable
costs”
Maine Shared Responsibility Law
• Orphans: “Covered electronic device, the
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manufacturers of which cannot be identified or is
no longer in business and has no successor in
interest”
DEP has to identify manufacturer pro rata
“orphan share”, provide to consolidators
According to NCER Estimates*:
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Laptops - 65 brands
Monitors - 674 brands
TVs – 436 brands
Desktops – 682 brands
• *See: http://www.electronicsrecycling.org/cdr/BrandSorting.aspx
Maine Shared Responsibility Law
• Finding Orphans:
– Look at Brands from limited brand sort studies
– Research company/brand history, some public directories
– Send compliance letter to manufacturer address
• Orphan Share
– All brands claimed and likely responsible manufacturers on a
“non-orphan” list, separate “orphan” list
• So far, orphans determined to be 5% TVs, 11.5% monitors
– Consolidator counts brands as received, keeps total of orphans
– Bills manufacturer for count of responsible brands + DEP
determined share of orphans collected in that period
– Example: OEM A has 20% orphan share; consolidator collects
1000 OEM A branded units and 100 total orphans
• OEM A is bill for 1020 units at “reasonable cost” rate
Maine Shared Responsibility Law
Manufacturer Compliance
• As of late February 2006, number of brands
claimed represents:
– 92% of TV return share
– 82% of computer monitor share
• Law prohibits manufacturers and retailers from
selling televisions, computer monitors, and
CPUs produced by any manufacturer that is not
in compliance as of January 1, 2006.
– Triple damages for non-compliant manufacturers
• Website lists compliant brands/manufacturers,
orphan brands, approved consolidators
Maine – Effective Dates
• Manufacturer responsibility as of 1/18/06
• CRT disposal ban in effect – July, 18 2006
OTHER ISSUES:
• Enforcement
• Return share vs market share; creation of
new orphans?
Maryland Computer Recycling Law
• HB 575 passed in 2005
• Creates a statewide computer recycling pilot program for
5 years
– Effective January 1, 2006, Ends 12/31/10
• Registration and fee required for manufacturers of more
than 1,000 computers per year
– 1000 can be sold anywhere, not just in MD
• Computers defined as: “desktop personal computer or
laptop computer, including the computer monitor“
– Like CA/ME, covered products must be brand labeled
Maryland Recycling Law cont’d
• Initial Registration fee for all OEMs $5000, then:
– $5,000 if manufacturer does NOT implement a
computer take-back program
– $500 if manufacturer DOES implement a program
• Takeback program can be:
– Provide consumer with no-cost return option, or
– Contract w recycler, local government, etc., or
– Any other state-approved program
• Registration money into state recycling trust fund
– Used to provide collection/recycling grants to local
governments
• Registered Manufacturers as of 3/28/06:
– 34 Companies, or $170,000
CRT Disposal Bans
• In effect:
– California
– Massachusetts
• Effective July 2006 in Maine
• Effective July 2006 in Minnesota
• Effective January 2008, Arkansas DEQ
may implement rules banning all computer
and electronic equipment from landfills
Proposed Legislation 2006
Legislation in 2006
• Around 20 states have introduced
– Not including carryover
• Types of Bills
– Advanced recovery fees – at POS and
Manufacturer/first point of possession
– Producer responsibility
– Studies, commissions & task forces
– Landfill &/or incineration bans
– California amendments (product scope)/Maine
Washington Legislation 2006
• Signed by governor on 3/24/06
– Would be 4th major state electronics recycling program
– Different than other 3 in significant ways
• Producer Responsibility with default
– Manufacturer responsible for “equivalent share” either on
own or pay into State TPO
– No collection goal, but must meet your % at year’s end or
pay penalty (refund if collecting more than %)
• Orphans must be calculated by DOE
– Covers CA/ME products + Desktops
– Ban on exports to developing countries according to Basel
Convention [VETOED]
– Programs must be effective Jan 2009
Legislation in 2005
• 50+ bills in 31 states
• Types of bills:
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Advanced recovery fees
Producer responsibility
Tax incentives
Studies, commissions & task forces
Landfill &/or incineration bans
California/Maine amendments
• Bills passed in: AR, CA, MD, ME, MN, IL, NM, LA
– Mostly study committees, disposal bans/delays (MN),
changes to existing statute
– Only MD had financing mechanism
Regional Model Legislation
and Study Committees
NERC/Council of State
Governments
• Northeast Recycling Council/Council of
State Governments Initiative
• 10 states looking to coordinate on regional
electronics recycling
• New England (including Maine), New York,
New Jersey, Pennsylvania, Delaware
• Status
NERC/Council of State
Governments
– Last version released Sept 1st; stakeholder
comments/meetings
– Revised financing language on Oct 28th 2005
• Current model:
– Manufacturer fee into Corporation (TPO)
– TPO arranges for recycling system
– Covers broader range of products
• Combining with Region 5 effort?
Midwest Regional Electronic
Waste Recycling Policy Initiative
• State agencies working together on regional model similar
to NERC/ERC:
– Minnesota, Michigan, Illinois, Wisconsin, Ohio, and Iowa
– Last version released Jan 20, 2006, comments until March 1;
• Current model:
– Manufacturer wholesale fee into Corporation (TPO)
– TPO arranges for recycling system
– Covers broader range of products
• Combining with NERC/ERC effort?
Study Committees
• New bills in 2005 required study
committees in:
– IL, LA, NM
• Final report expected in MI
• Importance: ME and MD had study
committee prior year to legislation passage
Federal Legislative Activity
Congressional Hearings!
• 1st time Congress has looked at electronics recycling in a
hearing
• Earlier in 2005: E-Waste Working Group formed – four
House Representatives
• Hearings – House Energy and Commerce Subcommittee on
Env and Haz Materials
– July 20th – Govt only (including CA, ME, MD)
– September 8th – Industry/NGO stakeholders
• Hearing – Senate Env and Public Works Subcommittee on
Superfund and Waste Mgmt
– July 26th- Legislators, Govt, Other Stakeholders
• All documents on NCER website:
– http://www.electronicsrecycling.org/NCER/ContentPage.aspx?Pagei
d=16&ParentID=3
Conclusions/Outlook
• More to learn in 2006
– CA implementation will enter 2nd year
– Maine/Maryland begin implementation
• States to watch in 2006
– MA, MN, WI, MI
– Will NERC/ERC model move in 10 states?
– Impact of WA passage
• Can states pass more programs with funding
mechanism included?
– Yes, in case of WA: coalition of local govt, retailers,
NGOs, and one OEM (HP) pushed through
– Or will intra-industry/other stakeholder split continue to
result in stalemate?
Thank You!
Jason Linnell
NCER
Phone: (304) 699-1008
jlinnell@electronicsrecycling.org