Electronics Stewardship

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Electronics Stewardship

• Taking the leadership step at DOI

Viccy Salazar, US EPA
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Goals that Anchor our Work

• Foster environmentally conscious design and
  manufacturing to reduce the lifecycle
  environmental impacts of electronic products
• Increase purchasing and use of those electronic
  products which are more environmentally
  sustainable
• Increase reuse and recycling of used electronics
  and ensure that the management of used
  electronics is safe and environmentally sound.

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Four key facts about Federal Government and
Electronics
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Fact 1
From This

• Approximately 10,000 federally owned computers
  could be deemed excess or surplus each week
• The Federal Government is setting Environmentally
  Sound Management guidelines for itself to ensure
  it is responsibly managing its electronic assets!

To This
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Fact 2 - The Federal government is a huge
procurer of consumer electronics

• With 1.8 million employees, the U.S. Federal
  sector represents a significant market share for
  electronics About 7 of the total market
• FY 2003 IT budget approximately 53 BILLION
  (Hardware Services)
• Projected FY 2004 IT budget approximately 59
  BILLION (Hardware Services)

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Fact 3 Electronics represent serious
environmental costs and opportunities

• Electronic equipment contains hazardous
  substances such as lead, mercury, chromium,
  cadmium, and beryllium.
• And valuable metals such as aluminum and copper
  and precious metals - gold, silver, platinum and
  palladium.
• Components can be reused, recycled, or reclaimed
  in the current marketplace.

This is important to the Federal Government
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Fact 4 - The Federal governments purchase and
use of electronics are not sustainable.

• Average life cycle of Federally owned computers
  is 3 years
• Significant quantities are ending up in storage
  closets, warehouses, or landfills
• Liability Avoidance and Environmental
  Stewardship are important to the Federal Community

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Liability

• CERCLA, RCRA, State, Illegal

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CERCLAComprehensive Environmental Response,
Compensation, and Liability Act

• Also known as Superfund
• Addresses abandoned and closed hazardous waste
  sites
• Uses administrative orders that requires one or
  more parties to conduct the cleanup
• Holds those responsible for the release of
  hazardous waste liable for the cleanup costs
• Establishes a fund for cleanup when responsible
  parties can not be identified
• Full text of CERCLA http//www4.law.cornell.edu/u
  scode/42/ch103.html

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CERCLA Liability

• Is strict and joint and several
• Any party that ever sent any waste to the
  facility is potentially fully liable for cleanup
• The liability is applied regardless of what was
  sent, and what the contamination is
• A party can not be released from this liability
• May require cleanup costs be paid years, or
  decades, later
• Citizen suites can also be used to collect costs

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How a generator could become liable for cleanup
costs

• If a generator sends electronics to a recycler
  that releases toxins and goes out of business,
  then anyone who sent material to the recycler
  could be liable for cleanup costs
• There is always the possibility of liability if a
  recycler mismanages material and has a release of
  toxic materials
• If a facility disposes of, or arranges for
  disposal of, electronics in a landfill or other
  disposal site there is the risk of CERCLA
  liability if the site begins to release hazardous
  substances.

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RCRAResource Conservation and Recovery Act

• Provides cradle to grave hazardous waste
  management authority
• Includes generation, treatment, and storage of
  hazardous waste
• Regulates active facilities
• EPA ID numbers are issued to facilities that
  handle waste it is not a certification of their
  work
• Full text of RCRA http//www4.law.cornell.edu/usc
  ode/42/ch82.html

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RCRA Liability

• Liability applies to the parties responsible for
  the facility in the event of a release
• CERCLA generally defers regulatory control to
  RCRA
• An EPA identification number is not an assurance
  of good environmental practice
• Allows for monitoring the volume of waste
  generated
• Prevents registered generators from dealing with
  non-registered parties
• It is not a certification of responsible
  management by the EPA

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RCRA Liability

• Generally, a facility that disposes of over 220
  lbs. of hazardous waste a month becomes a small
  quantity generator.
• This is about 8 CRT containing monitors
• This weight is the total weight of the hazardous
  electronic equipment, not just the hazardous
  component
• Local hazardous waste rules may be stricter than
  federal rules.
• Enforcement may be by
• State or local agency
• EPA
• Citizen suit provisions of RCRA

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Liability in regards to the sale of electronics

• Generally, selling a useful product releases the
  seller from liability
• However, if usable products are sold with
  unusable materials this could be considered
  arranging for disposal
• If the buyer improperly manages the unusable
  material there is potential for the seller to be
  liable

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State to State Variation

• CERCLA and RCRA are two federal laws covering
  hazardous waste management
• States are required to adopt these standards, or
  create their own
• Any state specific standards must be stricter
  than the federal rules
• Contact your state and local officials for
  information about any local rules
• For individual situations, contact your
  facilitys legal counsel.

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Illegal dumping

• In some states the waste generator can be held
  responsible if waste is illegally dumped.
• These laws have been used to stop dumping, or
  recover cleanup costs as shown in the following
  example

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Example A Sham Recycler Abandons Electronic Waste

• In Minnesota a recycler collected electronic
  waste from schools, businesses, and
  not-for-profits
• The recycler retrieved components of value and
  abandoned low value materials

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Example A Sham Recycler Abandons Electronic Waste

• Many groups had paid the recycler thinking that
  he would properly recycle the material
• Other groups had donated the material to a third
  party that sent the equipment to the recycler
  for processing
• No one expected to ever hear about the equipment
  again

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Example A Sham Recycler Abandons Electronic Waste

• There was a judgment against the recycler clean
  it up in five months or get 90 days in jail.
• Because the landlord is losing rent she has taken
  it upon herself to clean up the waste.
• To recover her cleanup costs, potentially over
  100,000 she may sue the waste generators.
• Since the recycler abandoned the material and
  stopped paying rent over a year ago, the landlord
  may attempt to recover lost rent from the
  generators.

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A Federal Enforcement Example

• In 2000 the Department of Health and Human
  Services (DHHS) in Boston was caught placing
  electronic equipment in dumpsters for disposal.
• This is a violation of state law and RCRA
• Massachusetts has a landfill ban for CRTs
• They attempted to dispose of over 220 lbs. of
  hazardous waste

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A Federal Enforcement Example

• EPA was able to issue a notice of violation (NOV)
  and impounded the dumpster the same day
• The potential maximum fine was 27,500 per
  violation
• EPAs NOV required DHHS to remove their waste
  from the dumpster and manage it correctly
• DHHS sent the material to a local recycler and no
  further action was taken by EPA

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How to Minimize Liability

• Only sell or donate working equipment
• Responsibly manage unusable materials - RECYCLE
• Do not assume that a buyer will properly handle
  equipment that parts were taken from for repair
• Be tough when evaluating equipment dont pass
  problem equipment on to others
• Selling or donating unusable equipment is unfair,
  and may make it difficult to find groups to take
  working equipment in the future.

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How to Minimize Liability

• Work with the recipients of donations so they
  know how to, and will, properly manage EOL
  equipment
• Educate them about the issues of electronic waste
  
• Offer them lists of recyclers
• Discuss how to facilitate recycling
• Donating group takes back the equipment for
  recycling
• Allowing recipients to make use of existing
  recycling services contracts
• Other options?

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EPEAT

• Electronic Product Environmental Assessment Tool

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What is ?

• multi-stakeholder process to develop a tool for
• evaluating the environmental performance of
• electronic products (focusing on PCs and
  monitors).
• Promote continuous improvement
• Address the entire product lifecycle
• Inform purchasing decisions by institutional
  purchasers
• Provide market advantage for green products
• Be low cost, user friendly, and causes minimal
  delay in time to market
• Produces credible, verifiable outcomes.

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The Basics

• Structure of Tool
• -EPEAT org defines criteria data needs
• -Multi-tier (3) ratings
• -Manufacturer self assesses product to criteria
  submits declaration to EPEAT org via
  web maintains support data
• -Validation Process
• -Signed manufacturer assurances
• -After-market spot-checks
• Multi-attribute environmental criteria will build
  on or adopt criteria from existing systems
• Criteria based on agreed upon principles

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Principles for
Selecting Criteria

• Promote Toxics Reduction/Phase Out
• Promote Materials Efficiency
• Promote Energy Efficiency
• Promote Extended Product Life and Sustainable EOL
  Management
• Promote Environmentally Sound Manufacturing

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The Criteria

• Base set of mandatory criteria (from all
  categories)
• 32 optional criteria in 8 different categories
• Reduce Eliminate Environmentally Sensitive
  Materials
• Material Selection
• Design for End-of-life
• Product Longevity/Lifecycle Extension
• Energy Conservation
• End-of-Life Management
• Corporate Performance
• Packaging

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Step by Step

• Manufacturer signs an MOU with EPEAT
• Manufacturer evaluates products against EPEAT
  criteria
• Three levels of achievement Green (Bronze),
  Greener (Silver), Greenest (Gold)
• Self-certifies that product meets EPEAT and level
• EPEAT Organization verifies claims on X of
  product to ensure quality and validity

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Status

• 3 Areas of Focus for development
• -Tool Structure Finalized
• -Attributes/Criteria Finalized
• -Host Organization In the thick of it
• - Final Development Team meeting Nov 8, 9 and 10
  in DC
• Implementation (Formed at Nov. Meeting)
• -Just getting started 2005
• -Piloting in mid 2005
• -Final tool in early 2006
• Marketing
• Working with purchasers to ensure widespread
  adoption

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What do I do NOW?

• EPEAT I-team is developing an interim plan for
  purchasers who are ready to purchase now.
• Expect a draft by the end of 2004
• Will include bid specs and ways to evaluate
  criteria before the tool is completed.
• Communicate your expectations to manufacturers
  that you want green products
• Communicate with your purchasing staff on the
  need for greener electronics and WHY!