 What Are States Doing About Electronic Waste? Deborah Hunsicker, STC Senior Analyst, Sagle, ID
Electronic waste is often referred to as "e-waste", "e-scrap", or "end-of-life electronics". While not specifically defined or regulated at the federal level, electronic waste generally refers to obsolete, broken, or irreparable electronic devices such as televisions, computers (including laptops), flat screen monitors, monitors with cathode ray tubes (CRTs), printers, and scanners.1 According to data collected by the U.S. Environmental Protection Agency (EPA), approximately 3.4 million tons of electronic waste was generated in the U.S. in 2012, and only about 1 million tons (or 29 %) was recycled--the rest was trashed either in landfills or incinerators.
Federal Regulations Affecting Electronic Waste
Although electronic waste (as a category) is unregulated at the federal level, some electronics (such as color CRT computer monitors, color CRT TV tubes, and smaller items such as cell phones) may be classified as hazardous wastes under federal rules. EPA has determined that CRTs and printed circuit boards consistently exceed toxicity limits but has not determined if other electronic devices and components would meet the regulatory definition of hazardous waste.
Electronics that are classified as hazardous must be managed as hazardous waste, with certain exclusions. For example, devices that can be reused, devices or components that meet the definition of scrap metal, precious metals, whole circuit boards, shredded circuit boards, and CRTs sent for recycling are exempt from regulation as hazardous waste subject to certain conditions. Most electronic devices discarded by households are also exempt from regulation as hazardous waste because federal hazardous waste rules (and most state rules) exclude household wastes.
State Regulation of Electronic Waste
Currently, over half of the states regulate electronic waste in some manner, although the types of electronic wastes covered and the requirements vary from state to state. The most common approaches to regulating electronic wastes are briefly described below, including regulating electronic waste as a universal waste, establishing producer or retailer responsibility programs, banning disposal of electronic wastes in the municipal solid waste stream, or mandatory recycling or recovery.
Electronic Waste as Universal Waste
Currently eight states (CA, CO, CT, LA, MI, NE, NJ, and RI) include electronic wastes or devices as universal waste (EPA allows states to include additional wastes in their universal waste rules, even if the wastes are not universal waste under the federal rule). The universal waste rules apply only to electronic wastes that would otherwise be hazardous waste and allow these wastes to be managed under less stringent management standards than hazardous waste. Generally, the universal waste rules do not apply to electronic waste generated by households, because most states exclude household wastes from the definition of hazardous waste (California is one of the notable exceptions). The household waste exclusion is a key reason many states have introduced producer responsibility rules and disposal bans to stem the disposal of electronics in the municipal solid waste stream.
Producer Responsibility and Other Recovery Programs
Twenty-five states (CA, CT, HI, IL, IN, ME, MD, MI, MN, MO, NJ, NY, NC, OK, OR, PA, RI, SC, TX, UT, VT, VA, WA, WV, and WI) have adopted some type of producer responsibility or mandatory recycling law or regulation for electronic devices. The terms and scope vary widely--states may use terms such as "consumer electronics" or "covered electronic device," and programs may cover a broad range of devices or just focus on a specific item, such as computers or televisions. Most state programs, however, include some or all of the following elements:
- manufacturer registration;
- annual fees;
- plans by manufacturers for collecting and recycling electronic devices;
- reporting and recordkeeping;
- recycling, collection, or reuse goals;
- public and retailer education; and
- product take-back programs.
California establishes a funding system for the collection and recycling of electronic wastes by requiring retailers to collect a fee from consumers at the point of sale. Retailers remit these fees to the state, who distributes them to eligible entities to cover the cost of electronic waste collection and recycling. In all other states, collection and recycling is funded by the producers or retailers.
Utah's program focuses solely on public education and does not require manufacturers to actually participate in collection or recycling. Manufacturers who sell consumer electronic devices in Utah must, either individually or through a group of manufacturers or an industry trade group, establish and implement a public education program to inform consumers about available collection and recycling programs.
Some states mandate recycling of electronic devices, often as a part of manufacturer responsibility programs or disposal bans. In Hawaii, manufacturers of electronic devices are required to provide for recycling. Oregon does not allow residents and businesses to dispose of computers, monitors, and TVs in the trash and requires that these items be recycled. To accomplish this, the Oregon E-Cycles program allows any Oregon resident to bring seven or fewer computers, monitors, and TVs to participating Oregon E-Cycles collection sites for free recycling. The program is financed by electronics manufacturers and jointly implemented with the Oregon Department of Environmental Quality.
Disposal Bans
Nineteen states (CA, CO, CT, IL, IN, ME, MA, MN, NJ, NH, NY, NC, OR, PA, RI, SC, VT, WV, and WI) have enacted disposal bans on electronic wastes to keep electronics out of the solid waste stream and encourage recycling (in some states, recycling of certain electronics is mandatory). Most bans are aimed at disposal in municipal solid waste landfills, but some states also ban electronic wastes from incineration facilities.
Cell Phone Recycling
Cellular phones are typically excluded from producer responsibility programs (phones are either specifically exempted or excluded based on screen sizes). Currently, three states (CA, ME, and NY) have separate laws or regulations that specifically address cell phones. Every cell phone retailer in California is required to have a system to accept and collect used cell phones for reuse, recycling, or proper disposal. Maine requires retailers to accept used cell phones from any person and prohibits disposal of cell phones in solid waste. In New York, cell phone service suppliers who also sell cell phones must accept, at no charge, up to ten used cell phones from any person or must ship used cell phones to a recycling program at no charge.
Other Rules
Four states (CT, IN, ME, and MI) have established requirements for facilities that collect, recycle, broker, dismantle, or de-manufacture electronic products but that are not product manufacturers or retailers. Connecticut requires covered electronic recyclers to be approved by the state to participate in the statewide electronics recycling program and receive reimbursement from manufacturers for the transportation and recycling of covered electronic devices. Michigan also requires recyclers to register with the state and comply with other requirements. In Indiana, facilities storing or processing electronic waste must register and meet standards for storage, processing, closure, and financial assurance. Maine regulates facilities where electronic wastes are consolidated and temporarily stored while awaiting shipment.
What's Ahead for Waste Electronics
Interest in resource recovery of electronic waste through improved collection and recycling is increasing. The rapid growth and change in products (leading to an ever larger amount of electronic waste being generated), a desire to conserve the energy and scarce resources used in their manufacture, and efforts to reduce the hazards posed by in electronic waste make additional electronic waste programs probable. According to the Electronics Take-Back Coalition, states that have seen the best results for electronics recycling and reuse have laws or regulations that make the collection infrastructure very convenient, include a broad range of products, and establish specific goals that manufacturers must meet. In addition, landfill bans have been shown to boost recycling levels.
While federal efforts have focused on the export of electronic waste to developing countries and the disposition of electronic assets from federal agencies, more state and local governments are likely to continue to adopt programs to deal with increasing amounts of electronic waste from consumers. In this expanding regulatory climate, STC is available to help businesses stay up to date on regulatory changes relating to electronic waste and to manage their obligations for dealing with it appropriately.
Deborah Hunsicker is an STC Senior Analyst and regulatory specialist with over 20 years of experience in environmental consulting and regulatory compliance. Deb is a recognized expert in federal and state hazardous waste and hazardous materials regulatory issues. She has assisted various legal and industrial clients in developing customized environmental auditing protocols, providing ongoing regulatory monitoring services, and preparing training materials and compliance programs. Currently, she coordinates several regulatory information projects for key clients that involve tracking regulatory developments and preparing monthly summary reports of federal and state regulatory changes that may impact operations.
For more information about state requirements for electronic waste, contact Deb at (208) 255-2780 or DHunsicker@stcenv.com.
1 "Electronic waste" may also describe used electronics that are nearing the end of their useful life and that are donated or sent for reuse. However, such devices are not "waste" and therefore are not regulated as solid or hazardous waste and will not be discussed in this article.
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