Implementation of Minnesotas Ewaste Law

1
Implementation of Minnesotas 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_at_state.mn.us