EHS International Communications Conference. September 22, Deborah M. Heuckeroth, PE tel:

Transcription

1 EHS International Communications Conference September 22, 2015 Deborah M. Heuckeroth, PE tel:

2 What is E-Waste?

3 What is E-Waste?

4 What is E-Waste?

5 What is E-Waste? UNEP, 2013: there is no official, globally accepted definition for E-waste or Waste Electrical and Electronic Equipment (WEEE) UN Definition, 2014: E-waste is a term used to cover all items of electrical and electronic equipment (EEE) and its parts that have been discarded by its owner as waste without the intent of re-use. California: The term "e-waste" is loosely applied to consumer and business electronic equipment that is near or at the end of its useful life. There is no clear definition for e-waste; for instance whether or not items like microwave ovens and other similar "appliances" should be grouped into the category has not been established.

6 What is WEEE? Waste Electrical and Electronic Equipment (WEEE): European Union Nigeria China Other countries EU: WEEE Recast, Directive 2012/19/EU Covers all EEE except certain items such as stationary industrial machinery and military material. Producers must contribute to cover the costs of management of WEEE deposited at dedicated collection points. Batteries Directive 2006/66/EC

7 Is E-Waste Hazardous? US EPA Frequent Questions:

8 E-Waste Potential Hazards Video Screens TCLP studies (metals toxicity) Cathode Ray Tubes (CRTs) lead Liquid Crystal Displays (LCDs) mercury back lights Light Emitting Diodes (LEDs) gallium arsenide Batteries (reactivity, metals toxicity) Lithium-ion Nickel-cadmium Others Thermostats - mercury (toxicity) Lamps mercury (toxicity)

9 Global Perspective UN, 2014 Global E-Waste Monitor

10 E-Waste Management Risks Source: UN, 2014 (cont d)

11 E-Waste Take-Back Programs Source: UN, 2014 (cont d)

12 E-Waste and the Urban Mine Source: UN, 2014 (cont d)

13 State of the Art Recycling Source: UN, 2014 (cont d)

14 US Enforcement Example Executive Recycling, Inc. 2013, US District Court: Illegally exported e-waste to developing countries Defendants represented to customers that they would dispose of e- waste properly, right here in the U.S, Corporation: $4.5 million fine 3 years probation CEO: 30 months in federal prison 3 years on supervised release $77,000 fine + $140,000 forfeited assets VP of Operations: 14 months in prison $20,000 fine

15 Federal Enforcement Perspective US EPA criminal enforcement office: Pollution and greed respect no boundaries and EPA is committed to combatting the illegal traffic of e-waste, which poses particularly significant environmental health risks in developing countries. US Attorney John Walsh: federal investigators and the U.S. Attorney s Office can and will reach beyond our country s borders to investigate crime and prosecute wrongdoers.

16 Nigerian Enforcement Examples NESREA, 2013 Update on E-Waste Management in Nigeria

17 Nigerian Enforcement Perspective Nigeria is networking with the international community to control e-waste, e.g.: International Network for Environmental Compliance and Enforcement (INECE) Seaport Environmental Security Network (SESN); International Criminal Police Organisation (INTERPOL); and United States EPA, UK EA, Germany, VROM, IMPEL TFS, EPAT and other sister Agencies. Source: NESREA, 2013 (cont d)

18 Basel Convention Parties to Basel Convention Non-Parties: USA Angola Myanmar Sierra Leone South Sudan Tajikistan A few other small countries

19 Basel Restrictions Article 4, paragraph 5: A Party shall not permit hazardous wastes or other wastes to be exported to a non-party or to be imported from a non-party. Exceptions (Article 11): Bilaterial, Multilateral and Regional Agreements. Examples: OECD US is a Party (40 CFR 262 Subpart H) US Bilateral agreements: Canada, Costa Rica, Malaysia, Mexico, Philippines Hazardous wastes defined by Basel Convention or country law (some e-waste is hazardous waste) Other wastes : Wastes collected from households Residues arising from the incineration of household wastes

20 Basel Intersessional Working Group, e-waste (2010 Present) Goal: development of technical guidelines on transboundary movements of e-waste, in particular regarding the distinction between waste and non-waste UEEE controls proposed: Functionality testing Shipping papers Common concerns for multiple countries: E-waste going to underdeveloped countries as used equipment for repair / reuse Cost and lack of infrastructure for proposed controls Lack of clarity for implementation Used equipment not properly packaged as products Related Issues: Warranty returns: repair or root cause analysis Parts harvesting

21 US E-Waste Regulatory Framework EPA s webpage: ecycling CRTs Circuit Boards Disposal vs. Recycling 2007, EPA s Regulatory Program for E-Waste

22 State-Specific Regulations 25 states have e-waste recycling laws - National Center for Electronics Recycling, Year Program Law Passed: 2003: California 2004: Maine 2005: Maryland 2006: Washington 2007: Connecticut, Minnesota, Oregon, Texas, North Carolina 2008: New Jersey, Oklahoma, Virginia, West Virginia, Missouri, Hawaii, Rhode Island, Illinois and Michigan 2009: Indiana, Wisconsin 2010: Vermont, South Carolina, New York, Pennsylvania 2011: Utah

23 UEEE Management On-Site Classify the Used Electrical and Electronic Equipment (UEEE): Hazardous waste Universal waste Non-hazardous based on an exclusion Non-hazardous waste Non-waste Regulatory-Required or Best Practices? Segregate e-waste from general trash Train everyone Store in closed containers Label and date containers Recordkeeping Consider security of data (e.g., hard drives of photocopiers)

24 E-Waste On-Site Management

25 Universal Waste On-Site Management

26 UEEE Management Off-Site Donate usable electronics before they become waste? Lease electronics and return to the owner? Select responsible e-waste recyclers due diligence: Conduct Desk Audits Question the e-waste recycler EPA s ECHO database OSHA s I&I (past) and Inspections (current) databases Conduct Field Audits visit the recycler s facility(ies) Review CHWMEG Audit Reports CHWMEG: non-profit trade association which globally promotes responsible waste stewardship

27 Short-cut to finding responsible e- waste recycler options? 2014, Golden Gate University Environmental Law Journal: many states, including California, face the challenging task of verifying compliance and safe handling. becoming e-stewards or R2 certified is voluntary, both federally and in California Certified E-Waste Recyclers e-stewards Responsible Recycling Practices (R2) Sustainable Materials Management (SMM) Electronics Challenge participants Search by electronic device or participating company Some options restricted to household wastes

28 Shipping UEEE Non-wastes: Sell, Return on Lease, Donate: is packaging sufficient? DOT requirements? Depending on the shipping classification (e.g., lithium batteries) E-Waste, depending on the waste and shipping classifications: RCRA requirements (e.g., Universal Waste) DOT requirements? Depending on the shipping classification (e.g., lithium batteries)

29 California s Approach to E-Waste Source: ERCC via NCER

30 Recent Enforcement in California: Retailers 2015, The National Law Review: January 5, 2015, a major grocery retail chain agreed to pay $9.87 million to resolve similar claims involving hazardous product and pharmaceutical wastes at over 500 of its California stores and distribution centers. Most of the wastes were returned, damaged, expired or spilled consumer products such as over-the-counter medication, aerosol products, batteries, home maintenance, cosmetic and personal care products, and other ignitable and corrosive materials. At least 10 other retailers with fines in the millions.

31 Enforcement in California: AT&T AT&T fined $23.8 million, 2014 unlawfully disposing of hazardous waste over a nine-year period. The settlement also calls for the telecom giant to spend $28 million over the next five years to update its environmental compliance measures. The case was based on inspections conducted in 2011 at more than 235 AT&T warehouse and dispatch facilities in which investigators found the telecom company had unlawfully handled and disposed of various hazardous wastes and materials over that nine-year period. The materials reportedly consisted of electronic equipment, batteries, aerosol cans, and certain gels, liquids and other items used by AT&T service technicians in delivering telephone, Internet and video services to residential and business customers in California. Those materials had been routinely and systematically sent to local landfills that were not permitted to handle the waste. AT&T has reportedly installed multiple layers of protection against electronic waste getting into its regular trash, including inspections of staging bins before their contents are deposited in dumpsters, hundreds of unannounced dumpster inspections annually and three independent audits over five years.

32 California E-Waste Resources E-Waste ListServ Subscribe for CalRecycle updates by E-Waste Due Diligence and Best Management Practices, 2005 Conference, CalRecycle: Your responsibility to ensure your contractors and all of their sub-contractors are properly managing your electronics. Batteries, CalRecycle

33 E-Waste in the News USA 60 Minutes, 2008 and 2009 US News & World Report, 2013 Basel Action Network (BAN) Toxic Trade News California CBS SF Bay Area / KPIX5 video Utah DEQ video Stone Castle Recycling Parowan Facility EPA Cleanup

34 Deborah M. Heuckeroth, PE tel: