ICT Asset Recovery

At present, there is no Federal mandate to recycle e-waste. There have been numerous attempts to develop a Federal law. However, to date, there is no consensus on a Federal approach. International trade in electronic waste in regulated by the Basel Convention. The US remains the only major economy that has not ratified the Convention to date, which makes it non-binding for US-based businesses.

Federal Regulatory Requirements for Recycling of CRTs: EPA encourages recycling of CRTs. Thus, CRTs sent for recycling are subject to streamlined handling requirements. For more information on the CRT Rule, including export requirements and frequent questions please see Cathode Ray Tubes Final Rule.

Federal Regulatory Requirements for Circuit Boards within the United States: Circuit Boards are subject to a special exemption from Federal hazardous waste rules.

• Whole unused circuit boards are considered unused commercial chemical products, which are unregulated.
• Whole used circuit boards meet the definition of spent materials but also meet the definition of scrap metal. Therefore, whole used circuit boards that are recycled are exempt from the hazardous waste regulations.
• Shredded circuit boards are excluded from the definition of solid waste if they are containerized (i.e., fiberpaks) prior to recovery. These shredded circuit boards cannot contain mercury switches, mercury relays, nickel cadmium batteries, or lithium batteries. If these materials are not treated this way, then they are considered hazardous waste and must be treated as such.

Note: This discussion summarizes relevant federal regulatory requirements. For the complete federal hazardous waste requirements for generators, consult 40 CFR Parts 260-262.

Federal Regulatory Requirements for Disposal CRTs and Other Electronics that Test "Hazardous"

• Large Quantities Sent for Disposal: Wastes from facilities that generate over 100 kilograms (about 220 lb.) per month of hazardous waste are regulated under Federal law when disposed. CRTs from such facilities sent for disposal (as opposed to reuse, refurbishment or recycling) must be manifested and sent as "hazardous waste" to a permitted hazardous waste landfill.
• Small Quantities Exempt: Businesses and other organizations that send for disposal (as opposed to reuse, refurbishment or recycling) less than 100 kilograms (about 220 pounds) per month of hazardous waste are not required to handle this material as hazardous waste. If a "small quantity generator" wishes to dispose of a small quantity of CRTs or other used electronics that test hazardous under Federal law, these materials can go to any disposal facility authorized to receive solid waste (e.g., a municipal landfill), unless state law requires more stringent management (e.g., CA).
• Household Exemption for Electronics Sent to Disposal: Used computer monitors or televisions generated by households are not considered hazardous waste and are not regulated under Federal regulations. State laws may be more stringent with respect to electronics from households (e.g., CA).

• California
  Electronic Waste Recycling Act (SB 20) California has an Advanced Recovery Fee system where consumers pay a fee at the point of purchase of covered devices that are used for a statewide recycling fund. The States uses the fees to reimburse recyclers and collectors who submit receipts showing they have collected covered devices from state residents.
  Cell Phone Recycling Act of 2004 (AB 2901) On July 1, 2006, the CAW sponsored electronic waste recycling law went into effect in California. AB 2901 now requires retailers to take-back, at no cost to the consumer, to recycle or reuse old cell phones.
  Rechargeable Battery Recycling Act (AB 1125) The act, which went into effect July 1, 2006, requires retailers that sell rechargeable batteries to take-back and recycle them. Modeled after the same take-back concept of the cell phone bill, this legislation creates convenience and incentive for consumers.
• Connecticut (HB 7249)
  Signed in July 2007, this bill creates a mandatory recycling program for discarded covered electronic devices (CEDs). CED manufacturers must participate in a program to implement and finance the collection, transportation, and recycling of these products.
  Covered Devices: TVs, monitors, personal computers, laptops.
  View full text of the law
• Hawaii (SB 2843)
  By January 1, 2009, each manufacturer of new covered electronic devices offered for sale must register with the Department of Health and pay a registration fee of $5,000 and manage a program for the collection, transportation, and recycling of its CEDs.
  Covered Devices: TVs, Computer Monitors, or anything that has a display greater than 4" or contains a circuit board .
  View full text of the law.
• Illinois (SB 2313)
  Requires manufacturers to establish facilities to accept e-waste from consumers. By 2012, disposal of certain e-waste in municipal waste and sanitary landfills and at incinerators will be prohibited.
  Covered Devices: Computers, televisions, cell phones, PDAs, printers, fax machines, game consoles, VCRs, DVD players, iPods, and other devices (excluding calculators and typewriters).
  View full text of the law.
• Indiana (HB 1589)
  Requires manufacturers of video display devices to collect and recycle 60% by weight of the volume of products they sold in the previous year in Indiana.
  Covered Devices: TVs, computers, laptops, keyboards, printers, fax machines, DVD players, and video cassette recorders.
  View full text of the law.
• Maine (LD 1892)
  LD 1892, enacted in 2004, requires municipalities to send waste computer and television monitors to consolidation centers that are fully-funded by manufacturers.
  Covered Devices: TVs, Computer Monitors, or anything that has a display greater than 4" or contains a circuit board
  View full text of the law.
• Maryland (HB 575)
  HB 575 established a county-by-county collection system, with the manufacturer being responsible for funding the program or creating their own plans. This law was updated with a new measure (HB 488) signed in 2007. It expands the scopes of products to include TVs and other display devices.
  Covered Devices: Desktop computers, personal computers, laptops and now TVs
  View full text of the law.
• Michigan (HB 6714-6715; SB 896-897)
  Governor Granholm signed the bills into law on Dec 26, 2008. The bills imposes a new annual registration tax of $2,000 to $3,000 on manufacturers of computers, including related equipment and video display devices sold in Michigan.
  Covered Devices: TVs, computer monitors, laptops. Printers will be added next year.
  View full text of the law.
• Minnesota (HF 854)
  Under HF 854, manufacturers of covered devices must register with the state, pay a registration fee and set up an e-waste recycling program. These manufacturers must also meet specified recycling goals at 80 percent of the weight of CEDs.
  Covered Devices: TVs, computer monitors, laptops, computers, printers, scanners, and other computer peripherals.
  View full text of the law.
• Missouri (HF 854)
  The act requires manufacturers of computers to implement "recovery plans" for the collection of and the recycling or reuse of their obsolete equipment.
  Covered Devices: Computers only.
  View full text of the law.
• New Jersey (A3572)
  This producer responsibility legislation signed in 2008 requires manufacturers of covered devices under the state's program to pay an annual registration fee and set up recycling programs.
  Covered Devices: desktops, PCs, monitors, portable computers, TVs.
  View full text of the law.
• New York City (Intro. No. 728)
  New York City is the first municipality to pass an e-waste recycling bill, which was signed by the Mayor on April 1, 2008. The bill also bans e-waste from disposal into the City's solid waste stream.
  Covered Devices: CPUs, computer monitors, computer accessories including keyboards and mice, laptop computers, TVs, printers, portable music player.
  View full text of the law.
• North Carolina (S 1492)
  Signed into law in August 2007, this measure requires covered device's manufacturers to pay for the transportation and recycling costs for covered devices from collection sites.
  Covered Devices: Desktops, laptops, monitors, keyboards, mice.
  View full text of the law.
• Oklahoma (SB 1631)
  The bill requires computer manufacturers doing business in Oklahoma to provide the Department of Environmental Quality proof of a computer recovery or recycling program, such as a mail-back system, collection events, or contracts with state electronic recycling shops.
  Covered Devices: Desktop, notebook computer, computer monitor. Does not TVs.
  View full text of the law.
• Oregon (HB 2626)
  Signed into law in June 2007, manufacturers of covered electronic devices (CEDs) must register to participate in recycling programs and provide collection sites for e-waste.
  Covered Devices: TVs, monitors, personal computers, laptops.
  View full text of the law.
• Rhode Island (SB 2631 & HB 7880)
  Establish a manufacturer financed system for the collection, recycling, and reuse program for covered products in Rhode Island.
  Covered Devices: TVs, monitors, personal computers, laptops.
  View full text of the law.
• Texas (HB 2714)
  This measure was signed into law June 2007. Manufacturers of electronic devices are required to pay for collection, transportation and recycling of covered devices and can set up their own recycling take back program.
  Covered Devices: Desktops, laptops, monitors.
  View full text of the law.
• Virginia (HB 344)
  Signed on March 11, 2008, this producer responsibility bill requires manufacturers to set up a collection system for consumers to return computer equipment for recycling and reuse free of charge.
  Covered Devices: Desktops, Notebook computers.
  View full text of the law.
• Washington (SB 6428)
  SB 6428, passed in 2006, would require extended manufacturer responsibility for producing and financing an e-waste recycling program, including the collection, transportation, and recycling of covered electronic products.
  Covered Devices: TVs, monitors, laptops and desktop computers.
  View full text of the law.
• West Virginia (SB 746)
  Passed on March 8, 2008, this bill requires manufacturers to develop recycling programs. Manufacturers pay registration fees into State fund, used to reimburse counties and municipalities for recycling programs and admin costs.
  Covered Devices: TVs, monitors, laptops and desktop computers.
  View full text of the law.
• Wisconsin (SB 107)
  The bill establishes a collection and recycling system in Wisconsin for certain consumer electronic devices discarded by households, and bans landfilling or incineration of these devices in Wisconsin.
  Covered Electronic Devices: Desktop Style printers, computers, Tvs and computer monitors at least 7" in diameter. Other electronic devices may be eligible for recycling credit.
  View full text of the law.
• Arkansas (HB 2115)
  HB 2115 established a deadline for the disposal of computer and electronic waste in landfills. State agencies are required to donate or recycle all covered electronic devices.
  Only state agency generated e-waste is covered. Effective Date: 2008.
  View full text of the law.
• Montana (HB 555)
  Signed into law April 2007, this bill establishes a public education program for household hazardous waste recycling.
  Scope of products: Video, audio, telecommunications equipment, computers, and household appliances.
  View full text of the law.
• New Hampshire (HB 1455)
  Law will prohibit disposing of video display devices (including CRTs) in solid waste landfills or incinerators.
  View full text of the law.
• New Mexico (SJM 11)
  Passed in 2/12/08, this bill relates to state equipment procurement and recycling. Effective Date: Immediately.
  View full text of the law.
• Rhode Island (S 2509)
  The Electronic Waste Prevention, Reuse and Recycling Act passed in 2006, bans electronics (including CRTs) from landfills.
  View full text of the law.

Legislation

• Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment. Consolidated version.
• Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (WEEE). Consolidated version.
• Directive 2003/108/EC of the European Parliament and of the Council of 8 December 2003 amending Directive 2002/96/EC on waste electrical and electronic equipment (WEEE).
• Directive 2008/34/EC of the European Parliament and of the Council of 11 March 2008 amending Directive 2002/96/EC on waste electrical and electronic equipment (WEEE), as regards the implementing powers conferred on to the Commission.
• Directive 2008/35/EC of the European Parliament and of the Council of 11 March 2008 amending Directive 2002/95/EC on the use of certain hazardous substances in electrical and electronic equipment (RoHS), as regards the implementing powers conferred on to the Commission.

Secondary Legislation on WEEE and RoHS

• Commission Decision 2004/249/EC of 11 March 2004 concerning a questionnaire for Member States reports on the implementation of Directive 2002/96/EC of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE).
• Commission Decision 2005/369/EC of 3 May 2005 laying down rules for monitoring compliance of Member States and establishing data formats for the purposes of Directive 2002/96/EC of the European Parliament and of the Council on waste electrical and electronic equipment (notified under document number C(2005) 1355).
• Commission Decision 2005/618/EC of 18 August 2005 amending Directive 2002/95/EC of the European Parliament and of the Council for the purpose of establishing the maximum concentration values for certain hazardous substances in electrical and electronic equipment (notified under document number C(2005) 3143).
• Commission Decision 2005/717/EC of 13 October 2005 amending for the purposes of adapting to the technical progress the Annex to Directive 2002/95/EC of the European Parliament and of the Council on the restriction of the use of certain hazardous substances in electrical and electronic equipment (notified under document number C(2005) 3754).
• Commission Decision 2005/747/EC of 21 October 2005 amending for the purposes of adapting to technical progress the Annex to Directive 2002/95/EC of the European Parliament and of the Council on the restriction of the use of certain hazardous substances in electrical and electronic equipment (notified under document number C(2005) 4054).
• Commission Decision 2006/310/EC of 21 April 2006 amending, for the purposes of adapting to the technical progress, the Annex to Directive 2002/95/EC of the European Parliament and of the Council as regards exemptions for applications of lead (notified under document number C(2006) 1622).
• Commission Decision 2006/690/EC of 12 October 2006 amending, for the purposes of adapting to technical progress, the Annex to Directive 2002/95/EC of the European Parliament and of the Council as regards exemptions for applications of lead in crystal glass (notified under document number C(2006) 4789).
• Commission Decision 2006/691/EC of 12 October 2006 amending, for the purposes of adapting to technical progress, the Annex to Directive 2002/95/EC of the European Parliament and of the Council as regards exemptions for applications of lead and cadmium (notified under document number C(2006) 4790).
• Commission Decision 2006/692/EC of 12 October 2006 amending, for the purposes of adapting to technical progress, the Annex to Directive 2002/95/EC of the European Parliament and of the Council as regards exemptions for applications of hexavalent chromium (notified under document number C(2006) 4791).
• Commission Decision 2008/385/EC of 24 January 2008 amending, for the purposes of adapting to technical progress, the Annex to Directive 2002/95/EC of the European Parliament and of the Council as regards exemptions for applications of lead and cadmium.
• Commission Decision 2009/428/EC of 4 June 2009 amending, for the purposes of adapting to technical progress, the Annex to Directive 2002/95/EC of the European Parliament and of the Council as regards the exemption for an application of lead as impurity in RIG Faraday rotators used for fibre optic communication systems.
• Commission Decision 2009/443/EC of 10 June 2009 amending, for the purposes of adapting to technical progress, the Annex to Directive 2002/95/EC of the European Parliament and of the Council as regards exemptions for applications of lead, cadmium and mercury.
• Commission Decision 2010/122/EU of 25 February 2010 amending, for the purposes of adapting to scientific and technical progress, the Annex to Directive 2002/95/EC of the European Parliament and of the Council as regards an exemption for an application of cadmium.

Rulings of the European Court of Justice

• Ruling of the European Court of Justice in Joined Cases C-14/06 and C-295/06: Annulment of the exemption for DecaBDE (Point 2 of Commission Decision 2005/717/EC ) while maintaining its effects until 30 June 2008. As a consequence of this ruling electrical and electronic equipment placed on the European Community market after 1 July 2008 must not contain DecaBDE above the maximum concentration value of 0.1 % by weight in homogenous material. As a result of the ruling, economic operators should consider 30 June 2008 the final cut-off date for placing new electric and electronic goods containing the substance on the market.

Environmental Management System

An Environmental Management System or EMS is part of an organization's management system used to develop and implement its environmental policy and manage its environmental aspects. This system includes the organizational structure, planning activities, responsibilities, practices, procedures, processes and resources necessary to achieve this.

ISO 14001

ISO 14001 is primarily concerned with "environmental management". This means what the organization does to minimize harmful effects on the environment caused by its activities, and to continually improve its environmental performance.

ISO 14001 is a standard developed by ISO (the International Organization for Standardization) in 1996. It was further modified in 2004 and is now referred to as ISO 14001:2004. Certification to ISO 14001 demonstrates a company's high level of commitment to environmental performance. In the late 1990's certification by companies to ISO 14001 was low and exclusive, however now ISO 14001 is becoming the basic standard level of environmental performance for all companies to achieve. Many companies are now going beyond ISO 14001 and opting for the EMAS (EcoManagement & Audit Scheme) standard, which requires a much more stringent level of environmental performance and environmental reporting to the public, stakeholders and interested parties.

IEMA

IEMA stands for The Institute of Environmental Management and Assessment. IEMA provides training and certification to its members who are primarily involved in the implementation of Environmental Management Systems and partaking of Environmental Impact Assessments.

Waste Licenses

Waste Management in Ireland is controlled and regulated by the Environmental Protection Agency (EPA). The EPA issues waste licenses to all large waste management facilities, i.e. with a throughput of less than 5000 tons per annum. These facilities include Waste Transfer Facilities, large Composting Facilities, and Landfills. Copies of Waste licenses can be viewed and downloaded from the EPA's website.

IPPC licenses

IPPC licenses are issued to large industrial facilities that have a potential impact on the environment. Copies of all IPPC licenses issued to companies in Ireland can be downloaded from the EPA's website

Waste Permits

Smaller facilities (less than 5000 tons per year), or facilities that primarily deal in clean recyclables, e.g. cardboard are exempted from requiring a waste license, but must operate under a waste permit issued by their relevant local authority instead. Waste Permits are generally issued on a 3-year basis. The activities of local authorities are monitored by the Office of Environmental Enforcement (a section of the EPA). A list of waste permits issued by local authorities is maintained on the EPA's webpage.

Waste Collection Permits

Collection Permits are required for all vehicles involved in the collection of waste. This means that all waste contractors as well as any haulage or transport company involved in transporting waste must apply for and maintain this permit.

For the purpose of these regulations the country was divided up into 10 functional regions namely the South East, South West, Mid-West, Midlands, Connaught, North-East, Dublin, Donegal, Kildare and Wicklow. A local authority was nominated in each of these regions as the lead authority, and as such is responsible for issuing, amending and reviewing waste collection permits within that region. Details included on a waste collection permit include vehicle registration numbers, Waste Types, Descriptions, and Destinations. All permitted companies are required to keep a copy of their waste collection permit in their vehicles at all times.

WEEE - Waste Electrical & Electronic Equipment

Two EU Directives on Waste Electrical and Electronic Equipment (WEEE) and on the Restriction on Hazardous Substances (RoHS) in electrical and electronic equipment (EEE) were transposed into Irish law by the implementation of the Waste Management (Waste Electrical & Electronic Equipment) Regulations. The regulations require that all producers must finance the recycling and recovery of Waste Electrical and Electronic Household equipment from the 13th of August 2005 onwards.
Two compliance schemes have been set up in Ireland; WEEE Ireland and the European Recycling Platform. Retailers who are involved in selling EEE register with either of these schemes and pay an agreed fee on an annual basis. Retailers advertise the amount of the total cost of a piece of electrical equipment that goes towards recycling. This charge is known as the Visual Environmental Management S or Producer Recycling Fund. Not all equipment requires the Producer Recycling Fund, exemptions from this charge include Medical equipment, toys, IT equipment, telecommunications and monitoring & control equipment. Retailers are required to offer free take back of WEEE to their customers. This means that a customer buying a new washing machine could replace the "Packaging" is defined in the EU Packaging Directive as "All materials/products used for the containment, protection, handling, delivery and presentation of goods from the producer to the end-user and consumer".
A Producer is defined as an individual who for the purposes of trade or otherwise in the course of business, sells or otherwise supplies to other persons packaging material, packaging or packaged products.
A Major Producer is a company with an Annual Turnover of over €1 million, and who supply more than 25 tons of packaging onto the Irish market per calendar year.

Environmental Impact Assessment (EIA)

The purpose of an EIA is to ensure that all projects that are likely to have a significant effect on the environment are subject to an assessment of their likely impacts. The EIA Directive divides projects into Annex I and Annex II list projects on the basis of project type or threshold. EIA's are mandatory for all Annex I projects. Annex II list projects, by virtue of their specific nature, size or location may also be deemed to have a significant effect on the environment.

EIA is a process of anticipating the effects of a proposed development. An Environmental Impact Statement (EIS) is the document produced as a result of that process.

An EIS involves several stages Screening - Determining if the development requires and EIS to be prepared. Scoping - Identification of the issues that are likely to be important during the process. Completing the EIS requires a comprehensive analysis of the existing environment, and possible impacts of the proposed development under the following headings -
Human Beings
Flora and Fauna
Soil
Water
Air
Climatic Factors
Landscape
Material Assets, including architectural and archaeological heritage and cultural heritage.

Environmental Permit Applications (including Waste Management)

The Environmental Permitting Regulations provide a framework for the application, maintenance and surrender of Environmental Permits (previously considered as Pollution Prevention & Control (PPC) permits and Waste Management Licenses (WML's)). The regulations cover a wide variety of industrial sectors and activities, and guidance on whether you need a permit can be found on the Environment Agency website.
Standard Permits involve a set of conditions and rules that the applicant must be able to meet, and apply to a limited number of waste activities. These applications are relatively easy. Bespoke Permits apply to industries formerly required to operate a PPC permit, and more complex waste operations. Bespoke permits require a detailed assessment of sector and activity specific standards, and written descriptions of how the operator will demonstrate Best Available Technique (BAT) as described in the guidance.
For bespoke permits a Site Condition Report is a requirement (it's also strongly recommended for standard permit holders). The Site Condition Report establishes the baseline conditions of the site and examines the site sensitivity and containment measures. It also seeks to highlight issues, which may complicate the eventual surrender of the permit (for example, historic oil contamination at a site that processes oil). In these cases, the site report may recommend limited testing of soils and groundwater for the substances of concern. This baseline data can then be used in the event of site closure to surrender the permit and demonstrate the operations have had no adverse effect.

Waste Management Exemptions/Waste Broker and Carrier Registration

Certain activities involving waste don't require a permit, but do require you to register a waste management exemption with the EA. The quantities are limited, and options for waste treatment are limited. These exemptions are designed to facilitate waste recycling. Notification lasts for a year. Most are free, but certain 'Complex' exemptions require a fee on application and yearly renewal fee. These include Metal Recycling Sites (P45), Composting (P8) and WEEE holding with minor refurbishment (P40). This last Exemption DOES NOT allow the dismantling and treatment of WEEE.
If your business involves you trading waste between producer and disposal site, or the carriage of waste that is not your own, then you need to register as a waste broker and/or waste carrier. Certification lasts for three years.