Implementation of Implementation of Minnesota’s E-waste LawMinnesota’s E-waste Law

RAM/SWANA 2007RAM/SWANA 2007

October 22, 2007October 22, 2007

Garth T. HickleGarth T. Hickle

Minnesota Pollution Control AgencyMinnesota Pollution Control Agency

Policy ContextPolicy Context

Agency report to Legislature recommending Agency report to Legislature recommending disposal ban (1995). disposal ban (1995).

CRTs listed as priority product for stewardship CRTs listed as priority product for stewardship action in state product stewardship policy action in state product stewardship policy (1999). (1999).

Participated in NEPSI (2001-2004). Participated in NEPSI (2001-2004). Producer responsibility approach (2003-2005).Producer responsibility approach (2003-2005). CRT disposal ban enacted (2003).CRT disposal ban enacted (2003).

Policy ContextPolicy Context

MPCA convened Waste Electronics Consultation MPCA convened Waste Electronics Consultation Process (2004). Process (2004).

Regional Policy Development and Legislative Regional Policy Development and Legislative Task Force (2006). Task Force (2006).

Task Force language passed House Ways and Task Force language passed House Ways and Means Committee (2006). Means Committee (2006).

MN Electronics Recycling ActMN Electronics Recycling Act Law passed Senate 63-1 and House 114-16. Law passed Senate 63-1 and House 114-16. Signed by Governor Pawlenty on May 8.Signed by Governor Pawlenty on May 8.

Regional Policy DevelopmentRegional Policy Development

Dialogue initiated in July 2005 to promote harmonized Dialogue initiated in July 2005 to promote harmonized policy development. policy development.

MN, WI, IL, IA, MI and support from US EPA. MN, WI, IL, IA, MI and support from US EPA. Three financing options vetted at December 2005 Three financing options vetted at December 2005

meeting. meeting. ““Eco-fee” draft option selected in Jan. 2006Eco-fee” draft option selected in Jan. 2006 Collaborated with NERC/CSG regional effort. Collaborated with NERC/CSG regional effort. Initiative issued policy statement in April 2006. Initiative issued policy statement in April 2006. Council of State Governments resolution adopted Dec. Council of State Governments resolution adopted Dec.

2006.2006.

Minnesota Electronics Minnesota Electronics Recycling ActRecycling Act

Manufacturer responsibility obligation Manufacturer responsibility obligation determined by previous year sales of VDDs.determined by previous year sales of VDDs.

May collect CEDs to meet obligation.May collect CEDs to meet obligation. Retailers report sales to manufacturers.Retailers report sales to manufacturers. If manufacturers opt or fail to meet If manufacturers opt or fail to meet

obligation, .30, .40, or .50 fee.obligation, .30, .40, or .50 fee. Manufacturers can apply credits to future years Manufacturers can apply credits to future years

or sell. or sell. RoHS compliance.RoHS compliance.

Minnesota Electronics Recycling Minnesota Electronics Recycling ActAct

160 manufacturers expected to register. 160 manufacturers expected to register. MPCA estimates 48.3 million lbs. of VDDs sold MPCA estimates 48.3 million lbs. of VDDs sold

in MN (2006). in MN (2006). Project 23.2 million lbs. of VDDs eligible for Project 23.2 million lbs. of VDDs eligible for

collection (2008).collection (2008). 4.8 million lbs. additional credit for Greater 4.8 million lbs. additional credit for Greater

Minnesota (2008).Minnesota (2008). Project 3.9 million lbs. of CEDs available (2008).Project 3.9 million lbs. of CEDs available (2008).

Implementation TimelineImplementation Timeline

Collector and recycler registration by August 1, 2007.Collector and recycler registration by August 1, 2007. Manufacturer registration by September 1, 2007. Manufacturer registration by September 1, 2007. August 1, 2008: reporting requirements for August 1, 2008: reporting requirements for

collectors/recyclers.collectors/recyclers. August 1, 2008: Retailers report VDD sales to OEMs. August 1, 2008: Retailers report VDD sales to OEMs. September 1, 2008: Manufacturers report to Department September 1, 2008: Manufacturers report to Department

of Revenue, including: of Revenue, including: Total weight of household sales of VDDs in MN.Total weight of household sales of VDDs in MN. Total weight of CEDs recycled in MN. Total weight of CEDs recycled in MN.

Retailer ResponsibilitiesRetailer Responsibilities

Retailers do not need to register and/or remit Retailers do not need to register and/or remit fees to the state.fees to the state.

Sellers of VDDs only able to sell products to Sellers of VDDs only able to sell products to households in MN from registered households in MN from registered manufacturers. manufacturers.

Retailers required to report to registered Retailers required to report to registered manufacturers their annual sales of VDDs to manufacturers their annual sales of VDDs to households.households.

Retailers required to provide information on Retailers required to provide information on recycling opportunities.recycling opportunities.

Collector ResponsibilitiesCollector Responsibilities

““Collectors” are public or private entities that receive Collectors” are public or private entities that receive covered electronic devices from Minnesota households. covered electronic devices from Minnesota households. Collectors register with the MPCA by August 1 of each Collectors register with the MPCA by August 1 of each year. year.

Beginning August 1, 2008, collectors must annually Beginning August 1, 2008, collectors must annually report to the MPCA, providing the weight of covered report to the MPCA, providing the weight of covered electronic devices collected for recycling from Minnesota electronic devices collected for recycling from Minnesota households. households.

Recycler ResponsibilitiesRecycler Responsibilities

Recyclers accept covered electronic devices Recyclers accept covered electronic devices from households or collectors of these devices from households or collectors of these devices in Minnesota. in Minnesota.

Recyclers of CEDs register with the state by Recyclers of CEDs register with the state by August 1 of each year. August 1 of each year.

Beginning August 1, 2008, recyclers must Beginning August 1, 2008, recyclers must annually report to the state program, providing annually report to the state program, providing the weight of covered electronic devices the weight of covered electronic devices recycled from MN.recycled from MN.

ESM RequirementsESM Requirements

Comply with applicable regulations-federal, state and Comply with applicable regulations-federal, state and local. local.

Licensed by applicable entities (Twin Cities). Licensed by applicable entities (Twin Cities). No prison labor. No prison labor. $1 million liability insurance. $1 million liability insurance. Recyclers must certify compliance.Recyclers must certify compliance. Manufacturers must do due diligence. Manufacturers must do due diligence. Agency will implement US EPA BMPs. Agency will implement US EPA BMPs.

Manufacturer ResponsibilitiesManufacturer Responsibilities

Under the law, a "manufacturer" makes products for sale under its Under the law, a "manufacturer" makes products for sale under its brand, or has others make products under its brand. brand, or has others make products under its brand.

Manufacturers of VDDs that sell to households in MN register with Manufacturers of VDDs that sell to households in MN register with the state by September 1, 2007, and pay a fee. the state by September 1, 2007, and pay a fee.

$5,000: Manufacturers of 100 or more VDDs per year. $5,000: Manufacturers of 100 or more VDDs per year. $1,250: Manufacturers of less than 100 VDDs per year. $1,250: Manufacturers of less than 100 VDDs per year.

Manufacturers must meet annual targets for collection and recycling Manufacturers must meet annual targets for collection and recycling of CEDs, based on their sales of VDDs in MN:of CEDs, based on their sales of VDDs in MN:

Year one (July 1, 2007 - June 30, 2008): 60% (by weight) of Year one (July 1, 2007 - June 30, 2008): 60% (by weight) of sales of VDDs in MN to households/consumers in this time sales of VDDs in MN to households/consumers in this time period. period.

Year two and beyond: 80% (by weight) of sales of VDDs in MN Year two and beyond: 80% (by weight) of sales of VDDs in MN to households/consumers for the July 1 - June 30 time period.to households/consumers for the July 1 - June 30 time period.

Manufacturer ResponsibilitiesManufacturer Responsibilities

Collected devices must come from households, not Collected devices must come from households, not business or institutional sources. business or institutional sources.

Manufacturers will need to track, for audit purposes, the Manufacturers will need to track, for audit purposes, the source of materials recycled. source of materials recycled.

Collected devices may be any brand, not necessarily Collected devices may be any brand, not necessarily those of the manufacturer. those of the manufacturer.

The law does not specify collection methods. The law does not specify collection methods. ““Covered electronic devices” include computers and Covered electronic devices” include computers and

peripherals, printers, facsimile machines, DVD players, peripherals, printers, facsimile machines, DVD players, and VCRs sold to households, in addition to VDDs.and VCRs sold to households, in addition to VDDs.

Registration StatusRegistration Status 24 recyclers (MN, WI and ILL) 24 recyclers (MN, WI and ILL) 100 collectors 100 collectors

160 sites 160 sites 55 manufacturers 55 manufacturers

100 brands 100 brands Frequent questions: Frequent questions:

Brandowner vs. manufacturerBrandowner vs. manufacturer Local government collector registration Local government collector registration ESM requirementsESM requirements Other productsOther products

Local Government Case StudyLocal Government Case Study

St. Louis County St. Louis County 132,000 pounds of CEDs collected from July to Sept. 132,000 pounds of CEDs collected from July to Sept.

100 percent increase over projected volume. 100 percent increase over projected volume. County is charging $1 or $2 for CRT containing County is charging $1 or $2 for CRT containing

products. products. Fees reduced July 1. Fees reduced July 1. The county has received $1,300 in revenue The county has received $1,300 in revenue

and estimates a savings of $28,000 for the 3 months and estimates a savings of $28,000 for the 3 months

thus far.thus far.

Next StepsNext Steps

Notification of non-compliant companies. Notification of non-compliant companies. Public education/outreach strategy. Public education/outreach strategy. Reporting WorkshopReporting Workshop

November 13, 2007 November 13, 2007 Implementation of US EPA BMPs/Certification Implementation of US EPA BMPs/Certification

program. program. Grants/contracts for underserved areas.Grants/contracts for underserved areas.

Lessons LearnedLessons Learned

Opportunities for regional collaborationOpportunities for regional collaboration Consideration in other Midwestern States Consideration in other Midwestern States Registration, reporting, enforcementRegistration, reporting, enforcement Toxics in Packaging Clearinghouse Toxics in Packaging Clearinghouse

Federal action Federal action Framework approach Framework approach Definitions, RoHS, BMPs, export Definitions, RoHS, BMPs, export

Allocation of roles and responsibilitiesAllocation of roles and responsibilities Performance metricsPerformance metrics

Web site: www.pca.state.mn.us/electronicsWeb site: www.pca.state.mn.us/electronics

Contact Information: Contact Information:

Garth HickleGarth Hickle

Product Stewardship Team LeaderProduct Stewardship Team Leader

Minnesota Pollution Control Agency Minnesota Pollution Control Agency

651-215-0224651-215-0224

garth.hickle@state.mn.us