Electronics StewardshipTaking the leadership step at DOI

Viccy Salazar, US EPA

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.

Four key facts about Federal Government and Electronics

Fact #1Fact #1Approximately 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!

From This

To This

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)

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

Fact #4 - The Federal government’s 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

Liability

CERCLA, RCRA, State, Illegal

CERCLAComprehensive Environmental Response, Compensation,

and Liability Act Also known as SuperfundAddresses abandoned and closed hazardous waste sitesUses administrative orders that requires one or more parties to conduct the cleanupHolds those responsible for the release of hazardous waste liable for the cleanup costsEstablishes a fund for cleanup when responsible parties can not be identifiedFull text of CERCLA: http://www4.law.cornell.edu/uscode/42/ch103.html

CERCLA Liability

Is strict and joint and several – Any party that ever sent any waste to the facility is potentially fully liable for cleanupThe liability is applied regardless of what was sent, and what the contamination is

A party can not be released from this liabilityMay require cleanup costs be paid years, or decades, laterCitizen suites can also be used to collect costs

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 costsThere is always the possibility of liability if a recycler mismanages material and has a release of toxic materialsIf 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.

RCRAResource Conservation and Recovery Act

Provides “cradle to grave” hazardous waste management authorityIncludes generation, treatment, and storage of hazardous wasteRegulates active facilitiesEPA ID numbers are issued to facilities that handle waste; it is not a certification of their workFull text of RCRA: http://www4.law.cornell.edu/uscode/42/ch82.html

RCRA LiabilityLiability applies to the parties responsible for the facility in the event of a releaseCERCLA generally defers regulatory control to RCRAAn EPA identification number is not an assurance of good environmental practice

Allows for monitoring the volume of waste generatedPrevents registered generators from dealing with non-registered partiesIt is not a certification of responsible management by the EPA

RCRA LiabilityGenerally, a facility that disposes of over 220 lbs. of hazardous waste a month becomes a small quantity generator.

This is about 8 CRT containing monitorsThis 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 agencyEPACitizen suit provisions of RCRA

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

State to State Variation

CERCLA and RCRA are two federal laws covering hazardous waste managementStates are required to adopt these standards, or create their own

Any state specific standards must be stricter than the federal rulesContact your state and local officials for information about any local rulesFor individual situations, contact your facility’s legal counsel.

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

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

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 processingNo one expected to ever hear about the equipment again

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.

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 RCRAMassachusetts has a landfill ban for CRTs

They attempted to dispose of over 220 lbs. of hazardous waste

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

EPA’s NOV required DHHS to remove their waste from the dumpster and manage it correctlyDHHS sent the material to a local recycler and no further action was taken by EPA

How to Minimize LiabilityOnly 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 repairBe tough when evaluating equipment – don’t pass problem equipment on to othersSelling or donating unusable equipment is unfair, and may make it difficult to find groups to take working equipment in the future.

How to Minimize LiabilityWork 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?

EPEATElectronic Product Environmental Assessment Tool

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 productsBe low cost, user friendly, and causes minimal delay in time to market;Produces credible, verifiable outcomes.

The BasicsStructure 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

Principles for Selecting Criteria

Promote Toxics Reduction/Phase OutPromote Materials EfficiencyPromote Energy EfficiencyPromote Extended Product Life and Sustainable EOL Management Promote Environmentally Sound Manufacturing

The CriteriaBase set of mandatory criteria (from all categories)32 optional criteria in 8 different categories

Reduce Eliminate Environmentally Sensitive MaterialsMaterial SelectionDesign for End-of-lifeProduct Longevity/Lifecycle ExtensionEnergy ConservationEnd-of-Life ManagementCorporate PerformancePackaging

Step by StepManufacturer signs an MOU with EPEATManufacturer evaluates products against EPEAT criteriaThree levels of achievement… Green (Bronze), Greener (Silver), Greenest (Gold)Self-certifies that product meets EPEAT and levelEPEAT Organization verifies claims on X% of product to ensure quality and validity

Status3 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 DCImplementation (Formed at Nov. Meeting)-Just getting started: 2005-Piloting in mid 2005 -Final tool in early 2006Marketing

Working with purchasers to ensure widespread adoption

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 2004Will include bid specs and ways to evaluate criteria before the tool is completed.

Communicate your expectations to manufacturers that you want green productsCommunicate with your purchasing staff on the need for greener electronics and WHY!