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Department of the Environment
MARYLAND’S ELECTRONICS RECYCLING
(“eCycling”) PROGRAM
Presented by Hilary Miller
Metro Washington Council of Governments
Recycling Committee Meeting
March 20, 2008
Washington, DC
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Third State with eCycling Law• MD was the third state to pass an eCycling law.
• There are now 10 states with eCycling laws: CA, ME, MD, WA, MN, OR, TX, CT, NC, NJ.
• VA and WV have passed bills - need Governors’ signatures. WV similar to MD.
• Ours is not an advanced recovery/recycling fee (ARF) or stakeholder responsibility law – it is a manufacturer responsibility law (these type are increasing in frequency).
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Now for a little history…..
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Early Days of eCycling* EPA Region 3 eCycling Pilot
• MD was a major contributor to EPA Region 3 eCycling Pilot Project (10/2001 – 12/2002).
• Project Goal: to develop an economically and environmentally sustainable collection, reuse, and recycling system for electronics based on the principle of shared responsibility among business (electronics manufacturers and retailers), government, and consumers.
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Early Days of eCycling* EPA Region 3 eCycling Pilot
• Project Partners:
– EPA Region 3;
– PA, DE, WV, VA, DC, MD environmental protection agencies;
– Sony, Panasonic, Sharp, Envirocycle, Inc., Waste Management Asset Recovery Group, Elemental, Inc., the Electronic Industries Alliance (EIA), the Polymer Alliance Zone of West Virginia.
– EIA contributing members: Canon, Hewlett-Packard, JVC, Kodak, Nokia, Panasonic, Philips Consumer Electronics North America, Sharp, Sony, and Thomson Multimedia.
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Early Days of eCycling* EPA Region 3 eCycling Pilot
• Provided brainstorming, consistent message, lessons learned, and jump start for MD.
• Shared resources were essential for the success of this project; States and EPA had little funding.
• Also, as part of the Project, EPA issued a final rule exempting cathode ray tubes (CRT’s) and CRT glass destined for recycling and reuse from regulation as hazardous waste.
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Early Days of eCycling* EPA Region 3 eCycling Pilot
• Project kick-off at Scarboro Landfill in Harford County on October 27, 2001; 150 participants; 15,980 lbs. of electronics received for recycling.
• Total of 21 one-day events and 2 two-day events held; one permanent collection facility (Wicomico County) established; over 5,722 participants in MD during Pilot.
• Over 250 tons of electronics collected until end of Project December 31, 2002.
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Additional State Efforts-Before Legislation
• After the end of Region 3 eCycling Pilot Project, MDE provided funding support for additional electronics recycling activities with $79,000 in unspent capital projects monies.
• Counties and municipalities hosted events over 4 years through a 26/74 % to 36/64% cost share arrangements with the State.
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Additional State Efforts-Before Legislation
• 37 recycling opportunities across MD through:
– 34 one-day events;
– two (2) two-day events; and
– one (1) curbside collection.
• Nearly 1.2 million lbs. of electronics recycled.
• Maryland Environmental Service, another State agency, managed these events through its contractor.
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Legislative Action
• eCycling bills were proposed in 2001, 2003 and 2004, but failed.
• In 2004, three bills were proposed – House Bills 109, 111, and 328.
• Stakeholders expressed concerns with all three and lobbied to have the bills consolidated into one.
• House Bill 109 resulted.
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Legislative Action* Electronics Recycling Workgroup
• HB 109 required MDE to convene a workgroup to study funding and implementation of an electronics waste collection and recycling system in Maryland.
• Workgroup consisted of representatives of:
– Local governments;
– Environmental groups;
– Electronics manufacturers, retailers, and recyclers;
– Solid waste industry; and
– Members of the General Assembly.
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Legislative Action*Electronics Recycling Workgroup
• Workgroup met in Fall 2004 and considered the following:
– Methods of funding the system;
– Locations for convenient and accessible collection facilities for all MD citizens;
– Methods of collecting, packaging, and transporting electronic wastes from collection facilities to recycling facilities; and
– Economic development opportunities arising from the collection system.
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Legislative Action*Electronics Recycling Workgroup
• Workgroup reporting deadlines to Governor and General Assembly:– December 31, 2004 – Recommendations for funding an
electronic waste collection system.
– July 1, 2005 – Findings and recommendations for establishment and implementation of an electronic waste collection system and recycling of electronic waste by January 2006.
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Legislative Action* Electronics Recycling Workgroup
• Workgroup failed to reach consensus on issues.
• MDE December report to Governor and General Assembly reflected divergent views (largely advanced recycling fee vs. stakeholder responsibility) and recommended waiting for national solution.
• Determined no legislation would be proposed by the Ehrlich Administration in 2005.
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Legislation 2005• Legislators expressed frustration with outcome of
Workgroup and proposed legislation (House Bill 575) in 2005 General Assembly session.
• Workgroup stakeholders were involved in revisions of bill, which resulted in final version of HB 575.
• Bill passed on final day of legislative session; signed by Governor Ehrlich April 2005; effective July 1, 2005.
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Legislation
• Note – there has been a change to the original law. Areas highlighted in GREEN were in the original legislation and are in the current legislation.
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Statewide Computer Recycling Pilot Program – OLD * Major Provisions
• Defined computer, manufacturer, and takeback program – covered desktop personal computers, laptop computers, and monitors.
• Required computer manufacturers to register and pay a fee to MDE by January 1, 2006 or could not sell computers in MD.
• Fee was $5,000 1st year; $500 2nd year if manufacturer had takeback program or $5,000 without takeback program.
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Statewide Computer Recycling Pilot Program - OLD* Major Provisions
• Funding to be used to provide grants to counties and municipalities for computer recycling activities and MDE Office of Recycling.
• Requires counties to address computer recycling separately in their 10-year Solid Waste Management Plans (SWMP’s).
• Fees had to be used by June 30th each year or revert to State General Fund.
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Statewide Computer Recycling Pilot Program - OLD* Major Provisions
• Takeback program:
– must be free to returner;
– must include a toll free number or website address for information;
– method for collection and recycling largely left to manufacturer;
– allows contracts with recyclers, other manufacturers, local governments or others; and
– is for manufacturer’s products only.
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Statewide Computer Recycling Pilot Program - OLD* Major Provisions
• Requires a report to Governor and General Assembly by 12/08 on program and cathode ray tubes (CRT’s).
• Program was to end December 31, 2010 unless action taken by Legislature.
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Statewide Computer Recycling Pilot Program – OLD
Implementation • Approximately 250 manufacturers were sent letters requesting
contact information for future mailings July 2005.
• 160 manufacturers were sent registration forms and requests for fee payment November 1, 2005.
• Anticipated revenue from fees was $500k – 750k.
• 37 manufacturers registered; $185,000.
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Statewide Computer Recycling Pilot Program – OLD* What Worked?
• Simple law/concept.
• Provides State/counties funding source for computer recycling – none before.
• No burden on retailers or recyclers – good for local businesses.
• Includes a computer takeback provision to encourage eCycling.
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Statewide Computer Recycling Pilot Program - OLD
* Challenges to Implementation
• Some definitions are vague.
• Registration fee may be insufficient to support program.
• Only computers, not all electronics, addressed.
• Counties must address computer recycling in their SWMP in order to be eligible for grants.
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Statewide Computer Recycling Pilot Program – OLD
* Challenges to Implementation
• Registration fee totals were not known until January and fees had to be expended by June 30th each year.
• Due to registration fee structure, funding could have been significantly reduced after first year.
• Maryland law may need revisions if Federal legislation is enacted.
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Statewide Computer Recycling Pilot Program - OLDImplementation
• FY06 - 37 manufacturers registered/$185,000.
• Awarded contracts for outreach and education campaign and resident survey in May 2006.
• Aug-Sept 2006 – back to school TV/radio campaign; also airing in some areas now; commercials available to counties and others.
• WV has redubbed and aired MD’s TV commercial.
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Statewide Computer Recycling Pilot Program - OLDImplementation
• Resident survey results from summer 2006 finalized early May 2007– interesting findings.
• Total of $213,500 in registration fees received in FY07.
• Invitations to 23 counties and 157 municipalities to apply for grants sent 4/17/07; closing date for applications was 5/18/07.
• 14 applications received; grants totaling $190,000 to 4 municipalities and 13 counties awarded end of June 2007.
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Statewide Computer Recycling Pilot Program - OLDImplementation
• Many computer manufacturers, including some registered in FY06 and FY07, are out of compliance.
• MDE is working to bring these companies into compliance.
• Adding FAQ’s and registered manufacturers on website, as needed.
• Some manufacturers are investigating establishing takeback programs in MD.
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House Bill 488 – New Statewide Electronics Recycling Program
Major Provisions
• Changes definition of manufacturer – brand owner of a covered electronic device.
• Defines covered electronic device and adds video display devices to scope.
• Adds $2 million cap to Recycling Trust Fund before reversion to State General Fund.
• Increases initial registration fee to $10,000.
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House Bill 488 – New Statewide Electronics Recycling Program
Major Provisions, continued• Defines retailer and provides that retailer cannot sell a
new covered electronic device unless the manufacturer is registered.
• Provides penalty to retailer of $500 per violation after 3 warnings, not to exceed $5,000.
• Enforced by Comptroller; fines to Recycling Trust Fund.
• Makes law permanent.
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House Bill 488 – New Statewide Electronics Recycling Program
Implementation• Continue to encounter difficulty obtaining video
display device manufacturers’ contact information.
• Letters notifying of bill sent to manufacturers October 1, 2007; letters requesting registration and fee sent December 12, 2007.
• Have received numerous inquiries, but not nearly as many as with prior law.
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House Bill 488 – New Statewide Electronics Recycling Program
Implementation
• 60 manufacturers registered for CY08.
• 83 total registered at some point.
• ~ $500,000 in fees in FY08 to date.
• Steps toward enforcement action will be coming for non-compliant manufacturers.
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TELEVISIONS & THE DIGITAL CHANGE
• MDE expects that any increase in televisions for recycling from purchase of digital TV’s will be easily managed with existing infrastructure.
• MDE reminded counties of this change and possible implications in its regular meeting in January 2008; also provided web resources.
• Counties did not anticipate problems.
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NATIONAL ACTIVITIES
• MDE participates in national workgroup to establish certification process for electronics recyclers; also participates in national groups for states to discuss electronics recycling and legislation.
• EPA Resource Conservation Challenge (RCC) - eCycling one of 4 national issues; MDE participates in regular Region 3 calls.
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NATIONAL ACTIVITIES, continued
• National Conference of Commissioners on Uniform State Laws study group to determine if disposal of electronic products is an issue for developing uniform state law – on hold.
• Federal legislation concept paper issued 2/22/08; addresses financing program, handling, management, recycling, and export of covered electronic devices, roles of states and EPA, and performance requirements.
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Current Status of MD eCycling• Several large electronics recyclers located in MD
handle majority of materials collected.
• No laws specifically regulating electronics recyclers.
• No electronics disposal ban in Maryland.
• Maryland citizens are strong recyclers and demand electronics recycling services.
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Current Status of MD eCycling
• Additional legislation in 2009 and beyond possible – none planned by Administration at this time.
• Drafting regulations on hold at this time; need to be evaluated during first year of HB 488 implementation.
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Maryland eCycling Successes• 12,920 tons of electronics have been collected
throughout State since 2001 through 18 permanent collection sites and 106 events.
• Establishment of permanent collection facilities continues to increase.
• Electronics collection Statewide increased 1.83 times from 2005 to 2006 (law became effective 7/1/2005); 2006 total 6.3 million pounds; 2007 total 8.7 million pounds.
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Maryland eCycling Successes
• 17 of MD’s 24 counties have voluntarily established permanent collection facilities.
• Current permanent collection facilities serve approximately 96% of State’s population!
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LEARN MORE ABOUTeCYCLING IN MARYLAND AT:
www.mde.state.md.us/ecycling
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1800 Washington Boulevard | Baltimore, MD 21230-1719410-537-3000 | TTY Users: 1-800-735-2258
www.mde.state.md.us
Maryland Department of the EnvironmentWaste Management AdministrationRecycling and Operations Program
For more information contact:Hilary Miller