Federal E-Waste Legislation

Federal Regulations Don't Protect Us

Federal Legislation on E-Waste

Current regulations
Under federal regulations, unwanted electronic equipment that contains a cathode ray tube (CRT) or mercury are considered hazardous waste. But these hazardous waste regulations do not apply, however, to household sources of electronics, or to "small quantity generators" - businesses that generate under 7-8 CRTs per year, because the EPA has decided to exempt them. The EPA revised the CRT rules in July 2006, but did not remove this small generator exemption. Therefore, it is perfectly legal for us to throw our electronic waste into the trash in most states. (Some states have taken action to ban e-waste.)

EPA's recently revised CRT Rule

View relevant federal regulations: Code of Federal Regulations, Title 40, Part 261

States Can Treat E-Waste as Toxic Waste
States may promulgate their own regulations defining hazardous waste. California's Department of Toxic Substances Control considers cathode ray tubes (CRTs) in computer monitors, television sets, and other devices containing significant concentrations of lead and other heavy metals, as hazardous waste when they are discarded. Therefore, they must be managed in accordance with hazardous waste requirements in California.

What's the Difference Between Hazardous Waste and Universal Waste

Hazardous waste: Hazardous wastes have properties that make them dangerous, or capable of having a harmful effect on human health and the environment. They are defined by the federal Resource Conservation and Recovery Act (RCRA) laws.

Universal waste: Universal wastes are hazardous wastes that are generated by a wide variety of people. Examples include batteries, pesticides, thermostats (containing mercury) and lamps. Universal waste rules allow these common, widely generated hazardous wastes to be managed under less stringent requirements than other hazardous wastes, particularly around storage and transportation. The goal is to get these items out of the municipal waste stream and to increase recycling and proper disposal.

States can make their own definitions of universal waste..

Congressional E-Waste Concepts Paper

In March, 2008, a group of eight members of Congress released a draft "Concepts Paper" for federal e-waste legislation. This document was sent to stakeholders - manufacturers, retailers, recyclers, States, NGOs (including ETBC), etc - for comments. The paper is intended to lead to discussion on a federal e-waste solution Stakeholders were asked to comment by March 14, 2008.

The members of Congress participating in the discussion on e-waste legislation are:

Rep Mary Bono R-CA
Rep Louise Slaughter D-NY
Rep Mike Thompson D-CA
Rep Zack Wamp R-TN
Rep Albert Wynn, D-MD
Senator Sherrod Brown D-OH
Senator Maria Cantwell D-WA
Senator Ron Wyden D-OR

Federal E-Waste Concepts Paper
ETBC Comments on Federal Paper

What's next?

The Congressional staffers have indicated that they intend to conduct discussions with stakeholders about the proposal, with the hopes of developing bill language. They may hold hearings on the e-waste issue this spring or summer.

House Science Committee Holds E-Waste Hearing

The House Committee on Science and Technology held hearings on the electronic waste problem on April 30, 2008. Ted Smith, ETBC Chair, testified before the Committe, along with representatives from industry and academia.

Link to testimony from the panel.

Federal Bills in 2007-2008 Congress

HR 233: Introduced January 2007 by Congressman Mike Thompson, D-California. HR 233 would establish an advanced recycling fee of up to $10 on computers, monitors, laptops and other products as designated by the EPA. EPA would grant the money collected to organizations or individuals (including local governments) for collection, recycling, reuse of products. Because Rep. Thompson is part of the stakeholder effort (described above) he has not advanced this bill.