Transcript 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.

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
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).
Now for a
little
history…..
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.
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, HewlettPackard, JVC, Kodak, Nokia, Panasonic, Philips
Consumer Electronics North America, Sharp,
Sony, and Thomson Multimedia.
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.
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.
Additional State EffortsBefore 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.
Additional State EffortsBefore 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Statewide Computer Recycling Pilot
Program - OLD
Implementation
• 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.
Statewide Computer Recycling Pilot
Program - OLD
Implementation
• 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.
Statewide Computer Recycling Pilot
Program - OLD
Implementation
• 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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!
LEARN MORE ABOUT
eCYCLING IN MARYLAND AT:
www.mde.state.md.us/ecycling
Maryland Department of the Environment
Waste Management Administration
Recycling and Operations Program
For more information contact:
Hilary Miller
410-537-3431
[email protected]
1800 Washington Boulevard | Baltimore, MD 21230-1719
410-537-3000 | TTY Users: 1-800-735-2258
www.mde.state.md.us