Updates on States – for 7/24/08 Conference Call
AR – nothing new to report
CA – We have a new participant in the State Programs Group. Robert Brushia is a Senior
Scientist with the California Environmental Protection Agency's Department of Toxic Substances
Control (Office of Pollution Prevention and Green Technology). His goal is to form some
partnerships through this group and he has provided the following write-up:
The California Department of Toxic Substances Control (DTSC) is one of six Boards, Offices, and
Departments comprising the California Environmental Protection Agency. DTSC is authorized by
the U.S. EPA to implement RCRA, and has historically been responsible for overseeing all
hazardous waste management activities in California. For most of its existence, DTSC has not
been involved with regulating products.
However, as the safety of consumer products, especially children’s toys, has recently emerged as
an important health issue, new legislation has given DTSC a bigger role in evaluating and
regulating products. The Toxics in Packaging Act, Lead in Jewelry Act, and the Electronic Waste
Recycling Act of 2003 are three examples of recent legislation that have given DTSC the
authority to evaluate and regulate the composition of products. There will certainly be additional
In addition, in April 2007, Linda S. Adams, California’s Secretary for Environmental Protection,
launched the California Green Chemistry Initiative, and requested that DTSC take the lead on
developing policy suggestions that will be implemented to implement Green Chemistry in
California. DTSC has recently undergone a major reorganization, and the Toxics in Products
Branch was created to address growing concerns related to the safety of consumer products.
Emerging legislation in other States and Countries suggest that there is significant global interest
in evaluating and ensuring the safety of consumer products.
I am a Senior Scientist in DTSC’s Office of Pollution Prevention and Green Technology, Toxics in
Products Branch. Most recently I have been involved with implementing California’s Restriction
on the Use of Hazardous Substances (RoHS) in electronics law. Our RoHS law prohibits the sale
of electronic devices that contain certain (lead, cadmium, hex. Chrome, and mercury) heavy
metals above specified threshold concentrations. California’s RoHS law is modeled after the
European Union’s RoHS Directive. I am also involved with developing various initiatives related
to broader toxics in products issues, (e.g., toxics in children’s products).
DTSC is currently active in two areas that present attractive opportunities for collaboration with
other States and Countries:
1) Compliance evaluation, and enforcement of existing laws for products that are already
2) Collection of data regarding the chemical composition and safety of unregulated products.
DTSC recently met with representatives from several European Countries, including
Scandinavian Countries and the UK, and is actively pursuing partnerships to facilitate these
goals. Initially we are working to form partnerships to deal with Ewaste issues and facilitate
RoHS enforcement, but our hope is that we can expand this idea of forming partnerships to
address other toxics in products issues. DTSC’s specific proposal is that, to the extent possible,
we form partnerships and:
1) Cooperate to conduct compliance evaluation testing.
2) Form a global network of product regulators to facilitate the exchange data and surveillance.
3) Share information pertaining to violations to facilitate compliance enforcement.
4) Cooperate to conduct research regarding product formulations and
5) Cooperate to develop new legislative or rulemaking proposals that are more consistent (and
thus easier for companies to comply with and easier for regulators to enforce) across borders.
6) Develop comprehensive and cohesive global regulations for additional products.
CT – nothing new to report
HI – NEW LAW
ME - nothing new to report
MD – In FY08, the Maryland Department of the Environment collected $503,500 in electronics
manufacturer registration fees. These monies will be used to provide grants to counties and
municipalities in FY09 and procure advertising time for the State's eCycling radio and television
commercials. (Hilary Miller)
MN - July 1 marks the end of the first program year. Retailers are required to report their annual
sales to the manufacturers directly. We have done much outreach but are still struggling to get
the word out on this aspect of the law. On the recycling front, all pounds collected and recycled
during the first program year had to be purchased before July 1, 2008 by manufacturers.
Manufacturers made some last minute bargain deals for pounds to meet projected obligations.
Collectors and Recyclers were registered for the second program year by July 1, and they are
required to report pounds collected and recycled by August 1. Compliance and education is
underway now to notify them of their obligations. Summaries of collection and recycling totals
and other statistics will be compiled after all reports are in. There are a couple of manufacturers
that are not in compliance with registration requirements and we will be considering enforcement
action soon. (Lisa Bujak)
MO – NEW LAW
NC - We’re coming out of a legislative session in which our bill is being modified to include TVs.
The bill passed the Senate on 7/17 (just needs Governors signature). (Ellen Lorscheider)
NJ - Had another meeting with stakeholders to work on amending the existing law. No major
changes, just clarifications and getting rid of bad wording. The legislature is out for summer, so I
expect amendments to the existing law to be voted on in the fall. (Frank Coolick)
NYC – NEW LAW
OK - We in Oklahoma are still trying to understand what our law tells us to do. We are very eager
to learn from other more experienced states. I would be interested to learn which other states
have the "Dell style" bill that requires manufacturers to file recycling plans. (Fenton Rood)
OR – nothing new to report
RI – NEW LAW
TX – nothing new to report
VA - Virginia is finalizing its review of the recycling rate reports submitted by its localities for
calendar year 2007. Based upon this reporting, Virginia recycled 2,860 tons of electronics last
Virginia now has a law requiring computer manufacturers to set up a recycling collection
infrastructure for their products, the Computer Recovery and Recycling Act (2008). The law
becomes effective July 1, 2009. Code of Virginia §10.1-1425.27 – 38.
Virginia had previously allowed localities to ban the disposal of CRTs if they had a program in
place to otherwise manage (recycle) those items. Code of Virginia §10.1-1425.26.
It is expected that a television recycling bill be introduced in the 2009 General Assembly.
Televisions were originally included in the computer recycling legislation, but were removed at the
request of the Patron. (Stephen Coe)
WA – A quick update on WA's Electronic Products Recycling Program.
** Ecology has conditionally approved the one and only recycling plan for WA. All 220
manufacturers identified to date are members of the Standard Plan which will be fully operational
on January 1, 2009. Final approval of the Plan is conditioned on: 1) completing the establishment
of a state-wide system of collection sites that meets all regulatory requirements, 2) conducting a
public hearing on the Operating Plan, and 3) satisfactory completion of the public outreach
requirements for promoting the recycling program.
** A logo for Washington's program has been adopted. The development of public outreach
plans and materials in conjunction with manufacturers, local governments, retailers and non-profit
organizations is making good progress. A program-specific URL has been purchased and the
content is under development (ecyclewashington.com)
** We are gathering market share information that will be used to develop our sliding-scale, tiered
fee structure for manufacturers' 2009 administrative fee to Ecology.
** Annual registration renewal for collectors and transporters is underway. (Miles Kuntz)
WV – nothing new to report