Environment, Energy and Transportation Program

Electronic Waste

July 2005
By Denise Griffin

OVERVIEW

The proliferation of electronic or e-waste - much of it toxic - from discarded computers, cell phones, televisions and other products poses a nationwide problem as the electronic waste stream grows at an unprecedented rate. The rapid introduction of new and ever-changing electronic products makes the effective management of the quickly outdated products essential. The "Three R's" that are required to help reduce solid waste in general apply equally to e-waste:

Reduce the amount of waste generated,
Reuse products,
Recycle products or components.

In the year 2000 alone, about 2,214,400 tons of e-waste was generated:

            o About 859,000 tons of that were video products;
            o About 348,200 tons were audio products; and
            o About 916,900 tons were information products.

Only about nine percent of the e-waste was recovered for reuse or recycling.
Source: U.S. EPA, http://www.epa.gov/rcc/clusters/ecycle.htm.

The problem with landfill disposal of e-waste is primarily two-fold:

(1) the sheer volume of e-waste threatens to overwhelm available landfill space; and

(2) the toxic components of cathode ray tubes (CRTs), cell phones and other electronics - such as lead, mercury, and fire retardants - are released as the units are compacted and broken in the landfilling process. Most landfills have liners, but there is mounting concern that as the waste degrades, the toxins pose a serious threat to air and groundwater and ultimately to human health.

Government, manufacturers, retailers, and consumers all have a role to play. Below are steps that states have taken, as well as independent research and industry initiatives in the area of e-waste.

STATE ACTION

Though e-waste is still a comparatively new issue in front of state legislatures, a number of measures have been considered in the past several years to stem the tide of e-waste, including:

- creating computer recycling programs
- encouraging the donation and reuse of computers
- banning CRT's and other electronics from landfills
- allowing an income tax credit in the amount of fees paid to an electronics recycler
- requiring retailers to accept cell phones for reuse, recycling or proper disposal
- imposing advance recovery fees on electronics
- establishing extended producer responsibility for outdated electronics

Several significant measures have been enacted since 2001, including landmark bills in California and Maine. California became the first state to impose an advance recovery fee (ARF) on the sale of electronic products; the fees collected go to fund the recycling program. And in Maine, computer manufacturers will be held responsible for the handling and recycling of computer monitors. See details below.

ENACTED STATE LEGISLATION

Major e-waste bills passed in the states since 2001 include:

Arkansas Computer and Electronic Solid Waste Management Act, enacted 2001:
http://www.arkleg.state.ar.us/ftproot/acts/2001/htm/act1410.pdf

Major provisions of the Act: Requires state agencies to develop and implement plans to manage and sell surplus computer equipment and electronics; encourages the donation of unsold equipment to Arkansas public schools; establishes a Computer and Electronics Recycling Fund; authorizes the Dept. of Environmental Quality to establish and implement rules and regulations banning the disposal of computer and electronic equipment in Arkansas landfills.

Arkansas Act. 970, To Establish a Deadline for the Disposal of Computer and Electronic Waste in Landfills, and for other purposes, enacted 2005:
http://www.arkleg.state.ar.us/NXT/gateway.dll?f=templates&fn=default.htm&vid=blr:bills

Major provisions: Sets deadline for disposal of computer and electronic waste in landfills; includes cell phones, cathode ray tubes and video game consoles. Requires the use of state agency-owned computers and electronics for maximum benefit.

California Electronic Waste Recycling Act, enacted 2003, amended 2004:
http://www.leginfo.ca.gov/pub/03-04/bill/sen/sb_0001-0050/sb_20_bill_20030925_chaptered.html
http://www.leginfo.ca.gov/pub/03-04/bill/sen/sb_0001-0050/sb_50_bill_20040929_chaptered.html

This bill made California the first state in the country to impose an advance recovery fee (ARF) on the sale of electronic products. The measure requires retailers to collect a $6-to-$10 fee on cathode ray tube (CRT), liquid crystal display (LCD) and plasma devices, the price depending on size. The fees collected go into a fund to manage the recycling program.

California Cell Phone Recycling Act, enacted 2004:
http://www.leginfo.ca.gov/pub/03-04/bill/asm/ab_2901-2950/ab_2901_bill_20040929_chaptered.html

This bill makes it unlawful for a retailer to sell a cell phone after July 1, 2006, if the retailer does not have a collection, reuse and recycling program in place.

Maine Public Law 661,An Act to Protect Public Health and the Environment by Providing for a System of Shared Responsibility for the Safe Collection and Recycling of Electronic Waste, enacted 2004:
http://janus.state.me.us/legis/ros/lom/LOM121st/15Pub651-700/Pub651-700-19.htm

Major provisions of the Act: Municipalities must ensure that computer monitors and TV's generated as household waste are delivered to a consolidation facility; beginning in 2006, computer manufacturers are responsible for the handling and recycling of computer monitors that are received at consolidation facilities and must pay the costs attributable to the handling of the monitors; beginning in 2012, television manufacturers are responsible for the same costs for televisions.

Maryland Chapter No. 384, Statewide Computer Recycling Pilot Program, enacted 2005:
http://mlis.state.md.us/2005rs/billfile/HB0575.htm

Major provisions: Establishes the named recycling pilot program in the Dept. of Environment, requires certain computer manufacturers to submit to the Dept. a registration and fee to be deposited into the state recycling trust fund, requires the Dept. to conduct a study on the disposal and recycling of CRTs.

Virginia Cathode Ray Tube Recycling Program, enacted 2003:
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+10.1-1425.26
Major provisions of the Act: Encourages cathode ray tube (CRT)and electronics recycling; authorizes localities to prohibit the disposal of CRTs in privately operated landfills, provided the locality has implemented a recycling program capable of handling all the CRTs generated in its jurisdiction.

PENDING STATE LEGISLATION

At least 26 states introduced e-waste legislation since January of this year, the same number that introduced such legislation during all of 2004. Pending bills include:

IL HB 540 -- Allows an income tax credit in the amount of fees paid to a recycler for the acceptance of electronic equipment turned in by the taxpayer.

MI HB 4156 -- Bans electronic equipment containing CRTs from disposal in landfills.

NY AB 3202 -- Imposes fee on retail sale of CRTs; prohibits disposal of CRTs in mixed solid waste – civil penalties for violations; provides that all fees and civil penalties collected are used in electronic recycling programs.

OR SB 740 -- Establishes Electronic Product Stewardship Account; appropriates monies for implementation of program for collection, reuse and recycling of electronic products; requires sellers of certain electronic products to charge first in-state buyers an advance recycling fee to cover cost of collection program.

At least three states have passed study bills which established commissions to study and make recommendations on ways to manage e-waste:

Illinois HB 1149, sent to Governor 6/24/05:
http://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=50&GA=94&DocTypeId=HB&DocNum=1149&GAID=8&LegID=15894&SpecSess=&Session
Calls for a report by May 31, 2006.

Louisiana SCR 6, signed by Governor 6/7/05:
http://www.leg.wa.gov/pub/billinfo/2003-04/House/2475-2499/2488-s_pl_03112004.txt
Calls for a report to be submitted prior to the beginning of the 2006 legislature.

Washington ESHB 2488, passed in May 2004:
http://www.leg.wa.gov/pub/billinfo/2003-04/House/2475-2499/2488-s_pl_03112004.txt
Calls for reports in December 2004 and December 2005.

FEDERAL ACTION

The Environmental Protection Agency has information on federal e-waste programs, public/private initiatives, state and international action, as well as links to e-waste resources. See http://www.epa.gov/epr/products/electronics.htm.

For the latest information on federal activity, including federal e-waste legislation, and related developments at EPA and the Department of Commerce, contact Tamra Spielvogel in NCSL's Washington, DC, office: tamra.spielvogel@ncsl.org; 202-624-5400.

NON-PROFIT AND INDEPENDENT RESEARCH GROUPS--WEB SITES AND REPORTS

Electronics Recycling Initiative of the National Recycling Coalition (NRC)
http://www.nrc-recycle.org/resources/electronics/index.htm

Computer Take-Back Campaign: http://www.computertakeback.com/sitemap.cfm
The goal of the Campaign is "to protect the health and well being of electronics users, workers, and the communities where electronics are produced and discarded by requiring consumer electronics manufacturers and brand owners to take full responsibility for the life cycle of their products, through effective public policy requirements or enforceable agreements."

"Calling All Cell Phones: Collection, Reuse and Recycling Programs in the U.S.," report published by INFORM Inc., an independent research organization that examines the effects of business practices on the environment and human health: http://www.informinc.org/calling_cellphones.php.

INDUSTRY INITIATIVES AND ASSOCIATIONS

The U.S. EPA Product Stewardship site lists the stewardship initiatives of a number of major electronics manufacturers, retailers and associations, including: Apple Computer, Best Buy, Compaq, Dell, Gateway, Hewlett Packard, IBM, Intel, Panasonic, Sharp, Sony, Staples, Xerox. See descriptions at: http://www.epa.gov/epr/products/eindust.html.

The Electronic Industry Alliance (EIA), the electronic manufacturers industry group, includes an environmental issues section: http://www.eia.org/.

The Northeast Recycling Council (NERC), consists of state and local recycling coordinators from all of New England, NY, NJ and PA; the Council is aggressively involved in consumer electronic recycling issues and has published a report covering the issue: http://www.nerc.org/.

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