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Implementation of Minnesota’s E-waste Law

Implementation of Minnesota’s E-waste Law. RAM/SWANA 2007 October 22, 2007 Garth T. Hickle Minnesota Pollution Control Agency. Policy Context. Agency report to Legislature recommending disposal ban (1995).

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Implementation of Minnesota’s E-waste Law

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  1. Implementation of Minnesota’s E-waste Law RAM/SWANA 2007 October 22, 2007 Garth T. Hickle Minnesota Pollution Control Agency

  2. Policy Context • Agency report to Legislature recommending disposal ban (1995). • CRTs listed as priority product for stewardship action in state product stewardship policy (1999). • Participated in NEPSI (2001-2004). • Producer responsibility approach (2003-2005). • CRT disposal ban enacted (2003).

  3. Policy Context • MPCA convened Waste Electronics Consultation Process (2004). • Regional Policy Development and Legislative Task Force (2006). • Task Force language passed House Ways and Means Committee (2006). • MN Electronics Recycling Act • Law passed Senate 63-1 and House 114-16. • Signed by Governor Pawlenty on May 8.

  4. Regional Policy Development • Dialogue initiated in July 2005 to promote harmonized policy development. • MN, WI, IL, IA, MI and support from US EPA. • Three financing options vetted at December 2005 meeting. • “Eco-fee” draft option selected in Jan. 2006 • Collaborated with NERC/CSG regional effort. • Initiative issued policy statement in April 2006. • Council of State Governments resolution adopted Dec. 2006.

  5. Minnesota Electronics Recycling Act • Manufacturer responsibility obligation determined by previous year sales of VDDs. • May collect CEDs to meet obligation. • Retailers report sales to manufacturers. • If manufacturers opt or fail to meet obligation, .30, .40, or .50 fee. • Manufacturers can apply credits to future years or sell. • RoHS compliance.

  6. Minnesota Electronics Recycling Act • 160 manufacturers expected to register. • MPCA estimates 48.3 million lbs. of VDDs sold in MN (2006). • Project 23.2 million lbs. of VDDs eligible for collection (2008). • 4.8 million lbs. additional credit for Greater Minnesota (2008). • Project 3.9 million lbs. of CEDs available (2008).

  7. Implementation Timeline • Collector and recycler registration by August 1, 2007. • Manufacturer registration by September 1, 2007. • August 1, 2008: reporting requirements for collectors/recyclers. • August 1, 2008: Retailers report VDD sales to OEMs. • September 1, 2008: Manufacturers report to Department of Revenue, including: • Total weight of household sales of VDDs in MN. • Total weight of CEDs recycled in MN.

  8. Retailer Responsibilities • Retailers do not need to register and/or remit fees to the state. • Sellers of VDDs only able to sell products to households in MN from registered manufacturers. • Retailers required to report to registered manufacturers their annual sales of VDDs to households. • Retailers required to provide information on recycling opportunities.

  9. Collector Responsibilities • “Collectors” are public or private entities that receive covered electronic devices from Minnesota households. Collectors register with the MPCA by August 1 of each year. • Beginning August 1, 2008, collectors must annually report to the MPCA, providing the weight of covered electronic devices collected for recycling from Minnesota households.

  10. Recycler Responsibilities • Recyclers accept covered electronic devices from households or collectors of these devices in Minnesota. • Recyclers of CEDs register with the state by August 1 of each year. • Beginning August 1, 2008, recyclers must annually report to the state program, providing the weight of covered electronic devices recycled from MN.

  11. ESM Requirements • Comply with applicable regulations-federal, state and local. • Licensed by applicable entities (Twin Cities). • No prison labor. • $1 million liability insurance. • Recyclers must certify compliance. • Manufacturers must do due diligence. • Agency will implement US EPA BMPs.

  12. Manufacturer Responsibilities • Under the law, a "manufacturer" makes products for sale under its brand, or has others make products under its brand. • Manufacturers of VDDs that sell to households in MN register with the state by September 1, 2007, and pay a fee. • $5,000: Manufacturers of 100 or more VDDs per year. • $1,250: Manufacturers of less than 100 VDDs per year. • Manufacturers must meet annual targets for collection and recycling of CEDs, based on their sales of VDDs in MN: • Year one (July 1, 2007 - June 30, 2008): 60% (by weight) of sales of VDDs in MN to households/consumers in this time period. • Year two and beyond: 80% (by weight) of sales of VDDs in MN to households/consumers for the July 1 - June 30 time period.

  13. Manufacturer Responsibilities • Collected devices must come from households, not business or institutional sources. • Manufacturers will need to track, for audit purposes, the source of materials recycled. • Collected devices may be any brand, not necessarily those of the manufacturer. • The law does not specify collection methods. • “Covered electronic devices” include computers and peripherals, printers, facsimile machines, DVD players, and VCRs sold to households, in addition to VDDs.

  14. Registration Status • 24 recyclers (MN, WI and ILL) • 100 collectors • 160 sites • 55 manufacturers • 100 brands • Frequent questions: • Brandowner vs. manufacturer • Local government collector registration • ESM requirements • Other products

  15. Local Government Case Study • St. Louis County • 132,000 pounds of CEDs collected from July to Sept. 100 percent increase over projected volume. • County is charging $1 or $2 for CRT containing products. • Fees reduced July 1. • The county has received $1,300 in revenue and estimates a savings of $28,000 for the 3 months thus far.

  16. Next Steps • Notification of non-compliant companies. • Public education/outreach strategy. • Reporting Workshop • November 13, 2007 • Implementation of US EPA BMPs/Certification program. • Grants/contracts for underserved areas.

  17. Lessons Learned • Opportunities for regional collaboration • Consideration in other Midwestern States • Registration, reporting, enforcement • Toxics in Packaging Clearinghouse • Federal action • Framework approach • Definitions, RoHS, BMPs, export • Allocation of roles and responsibilities • Performance metrics

  18. Web site: www.pca.state.mn.us/electronics Contact Information: Garth Hickle Product Stewardship Team Leader Minnesota Pollution Control Agency 651-215-0224 garth.hickle@state.mn.us

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