SELECTING AN EWASTE RECYCLER FOR OBSOLETE EQUIPMENT What federal agencies need to know

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SELECTING AN E-WASTE RECYCLER FOR OBSOLETE
EQUIPMENTWhat federal agencies need to know

• ROBERT TONETTI
• EPA OFFICE OF SOLID WASTE
• FEC CONFERENCE FEB 2007

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FOCUS OF PRESENTATION

• UNDERSTANDING THE BASICS OF HOW EPA HAZARDOUS
  WASTE RULES DO DONT APPLY
• GUIDELINES FOR ENVIRONMENTALLY SOUND MANAGEMENT
  (ESM)
• ESM OPTIONS FOR FEDERAL AGENCIES

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EPA RULES

• GENERALLY, MOST E-WASTE IN THE U.S. IS EITHER
• NON-HAZARDOUS
• NON-WASTE
• SEVERAL HAZARDOUS WASTE EXEMPTIONS EXCLUSIONS
  APPLY
• TO ENCOURAGE REUSE RECYCLING

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HAZARDOUS WASTE EXEMPTIONS/EXCLUSIONS

• NON-HAZARDOUS WASTES
• HOUSEHOLD WASTES
• SCRAP METAL FOR RECYCLING
• WHOLE CIRCUIT BOARDS FOR RECYCLING
• PRECIOUS METALS FOR RECYCLING

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HAZARDOUS WASTE EXEMPTIONS/EXCLUSIONS

• NON-WASTES
• MATERIALS OR EQUIPMENT FOR REUSE
• INTACT CRTs FOR RECYCLING
• PARTIALLY PROCESSED CRTs FOR RECYCLING
• CONDITIONS APPLY
• PROCESSED CRT GLASS FOR RECYCLING
• PROCESSED SCRAP METAL FOR RECYCLING
• SHREDDED CIRCUIT BOARDS FOR RECYCLING

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HAZARDOUS WASTES

• IF ALL FOUR ELEMENTS APPLY
• GENERATED BY NON-HOUSEHOLDS
• GENERATED AT MORE THAN 220 lbs/mo
• HAVE A HAZ WASTE CHARACTERISTIC, e.g., FAIL
  TCLP. EXAMPLES
• CRTs
• SOME LAPTOPS, CELL PHONES, ETC.
• SENT FOR DISPOSAL

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CRT RULE

• FINAL RULE ISSUED JULY 2006
• CODIFIED EPAs WORKING APPROACH THAT CRTs TO
  RECYCLING ARE NOT HAZARDOUS WASTE
• CONDITIONS APPLY FOR RECYCLERS
• EFFECTIVE 1/29/07 EXPORTERS MUST
• PROVIDE ONE-TIME NOTIFICATION IF EXPORT FOR REUSE
• PROVIDE NOTIFICATION AND RECEIVE CONSENT IF
  EXPORT FOR RECYCLING
• NO NOTIFICATION IF EXPORT OF PROCESSED GLASS

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EPA POLICY

• JUNE 2002 FEDERAL REGISTER
• BECAUSE OBSOLETE ELECTRONICS ARE OFTEN CAPABLE OF
  REUSE, THEY ARE NOT CONSIDERED WASTES UNTIL A
  DECISION IS MADE THAT THEY CANNOT OR WILL NOT BE
  REUSED
• SUCH DECISIONS ARE MADE BY PERSONS WITH
  SPECIALIZED EXPERTISE (UNLESS DESTRUCTION
  SPECIFIED)
• i.e., RESELLERS RECYCLERS

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BOTTOM LINE FOR FEDERAL AGENCIES

• YOU ARE NOT WASTE GENERATORS
• UNLESS YOU REQUIRE DESTRUCTION
• YOU GENERATE USED ELECTRONIC EQUIPMENT
• AVOIDING DISPOSAL AVOIDS HAZARDOUS WASTE ISSUES
  UNDER FEDERAL RULES
• SEND USED EQUIPMENT TO RECYCLERS
• DO REASONABLE DUE DILIGENCE ON YOUR RECYCLER

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HAZARDOUS WASTE CLASSIFICATION

• REMEMBER
• BE AWARE OF STATE RULES
• STATE RULES MAY BE MORE STRINGENT THAN EPA
• SOME STATES CLASSIFY E-WASTE AS UNIVERSAL OR
  HAZARDOUS WASTE

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GUIDELINES FOR ENVIRONMENTALLY SOUND MANAGEMENT

• EPAS PLUG-IN GUIDELINES
• ISSUED IN 2002
• BEST MANAGEMENT PRACTICES (BMPs) FOR
  CERTIFICATION OF RECYCLERS
• MULTISTAKEHOLDER DEVELOPMENTAL EFFORT ONGOING

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EPA PLUG-IN GUIDELINES

• GUIDELINES FOR SAFE MANAGEMENT OF USED
  END-OF-LIFE ELECTRONICS
• ENCOURAGES REUSE RECYCLING
• DISPOSAL ALSO ADDRESSED
• DISTINGUISHES REUSE FROM RECYCLING REUSE IS
  SIMPLIFIED
• EMPHASIZES DUE DILIGENCE
• ADDRESSES EXPORT

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PLUG-IN GUIDELINESREUSE REFURBISHMENT

• SHIPMENT MEETS REUSE OR REFURBISHMENT
  SPECIFICATIONS
• EQUIPMENT IS PACKAGED TO PROTECT VALUE FOR REUSE
  OR REFURBISHMENT
• PROPER BUSINESS RECORDS KEPT OF TRANSACTION, INCL
  PRICE PAID

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PLUG-IN GUIDELINESRECYCLING FACILITIES

• APPROPRIATELY LICENSED
• HAVE AN EMS OR WRITTEN PLAN FOR RISK MANAGEMENT
  WITH REGULAR REEVALUATION
• MONITORING AND RECORDKEEPING
• CLOSURE PLAN, IF NECESSARY, FINANCIAL GUARANTEE

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PLUG-IN GUIDELINESRECYCLING FACILITIES

• WORKER ENVIRONMENTAL PROTECTIONS
• EHS TRAINING OF PERSONNEL
• WRITTEN HAZARDOUS MATERIALS PLAN THAT ADDRESSES
  SPECIFIC SUBSTANCES
• SPECIAL CONSIDERATIONS WHERE SHREDDING OR HEATING
  USED
• WRITTEN PLAN FOR POLLUTANT RELEASES EMERGENCIES
• LIABILITY INSURANCE
• COMPLETION OF EHS AUDIT, EVERY 1-3 YEARS

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PLUG-IN GUIDELINESEXPORT FOR RECYCLING

• REMOVE, PRIOR TO EXPORT, UNLESS TO OECD COUNTRY
• BATTERIES
• MERCURY- PCB-CONTAINING COMPONENTS
• CIRCUIT BOARDS, EXCEPT HANDHELD EQUIPMENT
• CRTs CRT GLASS PROCESS PRIOR TO EXPORT
• COMPLY WITH ALL REQUIREMENTS OF IMPORTING
  TRANSIT COUNTRIES
• NON-OECD COUNTRIES CANNOT LEGALLY ACCEPT
  HAZARDOUS WASTES w/o BILATERAL WITH U.S.

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REUSE RECYCLING MARKETS

• MOST REUSE MARKETS ARE EXPORT
• LARGE FOR-PROFIT NON-PROFIT MARKETS IN
  DEVELOPING COUNTRIES
• MANY RECYCLING MARKETS ARE EXPORT
• STRONG FOREIGN DEMAND FOR RAW MATERIALS
• NO U.S. SMELTERS FOR COPPER PRECIOUS METAL
  RECOVERY FROM CIRCUIT BOARDS
• NO CRT GLASS FURNACES IN U.S.
• PLASTIC RECYCLING MARKETS ALMOST ALL OVERSEAS

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RECYCLER CERTIFICATION

• MANY STAKEHOLDERS WANT A RECYCLER CERTIFICATION
  PROGRAM
• HOWEVER, EPA DOES NOT WILL NOT CERTIFY OR
  APPROVE RECYCLER CONFORMANCE WITH PLUG-IN OR
  OTHER GUIDELINES OR RULES

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BEST MANAGEMENT PRACTICES CERTIFICATION

• EPA SPONSORING MULTISTAKEHOLDER EFFORT FOR
  DEVELOPMENT OF BMPs
• INVOLVES EPA, OSHA, STATES, MANUFACTURERS,
  RECYCLERS, ENVIRONMENTAL INTEREST GROUPS
• RECYCLERS WILL VOLUNTEER TO BE CERTIFIED AS TO
  CONFORMANCE WITH THE BMPs
• NATURE OF CERTIFYING ORGANIZATIONS STILL UNCLEAR
• PROGRESS CURRENTLY BEING MADE, HOWEVER, OUTCOME
  UNCLEAR AT LEAST SEVERAL MORE MONTHS NEEDED TO
  COMPLETE BMPs
• MAJOR ISSUES INCLUDE EXPORTS, PRISON LABOR,
  PRESCRIPTIVENESS OF BMPs, SCOPE re FACILITIES
  MATERIALS, IMPLEMENTATION, COST

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ESM OPTIONS FEDERAL AGENCIES

• TWO OPTIONS THAT PROVIDE A HIGH LEVEL OF
  ASSURANCE OF ESM
• EPAs READ CONTRACT
• UNICOR
• CERTAINLY, THERE ARE OTHER EXCELLENT RECYCLERS,
  BUT USE OF READ OR UNICOR REDUCES BURDEN FOR
  FEDERAL AGENCIES TO CONDUCT THEIR OWN DUE
  DILIGENCE

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ESM EPAs READ CONTRACT

• 7 PRIME CONTRACTORS
• EPA FOCUSED ON SOUND MANAGEMENT IN AWARDING THE
  CONTRACTS
• FOLLOW-UP SITE VISITS HAVE BEEN CONDUCTED
• FOCUS ON EHS DUE DILIGENCE
• FEC CHECKLISTS PLUG-IN GUIDELINES USED IN
  VISITS
• EPA INTENDS TO DO PERIODIC FOLLOW-UP ASSESSMENT
  OF CONTRACTOR PRACTICES

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ESM UNICOR

• 7 UNICOR RECYCLING FACILITIES NATIONWIDE NO
  COST TO FEDs
• UNICOR ALSO A SUB FOR ONE READ CONTRACTOR
• UNICOR BID AS READ PRIME
• WAS AMONG BEST re ESM
• SELECTED AS PRIME CONTRACTOR BUT REVOKED NOT A
  SMALL BUSINESS

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ESM UNICOR

• AMONG BEST RECYCLERS IN A NUMBER OF AREAS
• WORKER PROTECTION IN CRT GLASS BREAKING
• HEALTH MONITORING OF WORKERS
• WORKER EHS TRAINING
• RECORDKEEPING
• MAXIMIZING REUSE
• MAXIMIZING MATERIAL RECOVERY
• ISO 9000 IAER CERTIFICATIONS ARE COMPLETED OR
  IN PROCESS AT ALL 7 FACILITIES. BEGINNING ISO
  14000 PROCESS

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SCREENING OTHER RECYCLERS

• IF YOU WANT TO USE RECYCLERS OTHER THAN READ
  CONTRACT OR UNICOR
• YOU NEED TO CONDUCT YOUR OWN DUE DILIGENCE
• FEC WEBSITE HAS EXTREMELY USEFUL RESOURCES
• TWO CHECKLISTS
• OTHER MATERIALS
• GAINING A HIGH DEGREE OF CONFIDENCE IN A RECYCLER
  REQUIRES A CONSIDERABLE INVESTMENT OF TIME

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DOING YOUR OWN DUE DILIGENCE

• CONDUCT A SITE VISIT
• ASK QUESTIONS
• ASK TO SEE DOCUMENTATION
• e.g., permits example invoices re downstream
  markets
• USE THE FEC TOOLS
• CONTACT REFERENCES
• STATE/LOCAL PERMITTING OFFICIALS
• MAJOR CUSTOMERS, ESPECIALLY ANY THAT HAVE DONE AN
  AUDIT OF THE FACILITY

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DUE DILIGENCE PRIORITIES

• PERMITS WORKING RELATIONSHIP WITH STATE/LOCAL
  PERMITTING AGENCIES
• DATA SANITIZATION/DESTRUCTION METHODS
• MINIMIZE DISPOSAL, MAXIMIZE REUSE RECYCLING
• BASIC WORKER SAFETY PRECAUTIONS GOOD
  HOUSEKEEPING
• RECYCLERS DUE DILIGENCE PROCEDURE re DOWNSTREAM
  MARKETS

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DUE DILIGENCE PRIORITIES (CONTD)

• DOWNSTREAM MARKETS THRU TO REUSE OR RAW MATERIAL
  USE/SMELTING
• INFO NEEDED ON EACH LAYER, WHETHER U.S. MARKET OR
  EXPORT
• PRIORITY MATERIALS FOR DUE DILIGENCE
• WHOLE EQUIPMENT
• CRTs CRT GLASS
• BATTERIES
• MERCURY-CONTAINING DEVICES (e.g., small lamps in
  laptops flat panels)
• CIRCUIT BOARDS

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DUE DILIGENCE re REUSE MARKETS

• HOW SOLD OR DONATED?
• RED FLAG OPEN AUCTION OF EQUIPMENT, EXCEPT
  WHERE FULLY TESTED WORKING
• WHO ARE BUYERS/RECIPIENTS?
• RED FLAG RECYCLER DOES NOT HAVE DUE DILIGENCE
  INFO ON BUYERS, EVEN IF ON-LINE (except tested,
  working equip)
• NO NEED TO LOOK AT RETAIL SALE OF INDIVIDUAL
  EQUIPMENT

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REASONS TO REJECT A RECYCLER

• IF YOU HAVE ANY DOUBTS, ESPECIALLY REGARDING
• PROPER PERMITTING
• DOWNSTREAM MARKETS OR DISPOSAL
• WORKER SAFETY
• DATA SANITIZATION/DESTRUCTION
• IF WONT PROVIDE REFERENCES OR DOWNSTREAM
  CUSTOMER INFO