California’s E-waste Efforts A Decade of Operation… …What’s Next? Jeff Hunts, Manager CalRecycle E-waste Program jeff.hunts@calrecycle.ca.gov 916-341-6603

Covered Electronic Waste (CEW) Program Intended to fund average end-of-life management costs of certain video display devices (TVs, monitors) Decrease inappropriate disposal Improve compliance with State hazardous waste rules Return resources to economic mainstream

Covered Electronic Waste (CEW) Recycling System Insert Conference Name Here Insert Presentation Title Insert Speaker Name Here Covered Electronic Waste (CEW) Recycling System

Program Participants ~ 470 approved collectors ~ 33 approved recyclers Fewer than 40 approved collectors are local government agencies (1/3 from rural counties)

CEW Program Status By who? How much? ~ 4% by local government ~ 185 million pounds in 2014 ~ 97% by weight CRT devices ~ 1.9 billon pounds total By who? ~ 4% by local government ~ 26% by designated collectors* ~ 70% by private enterprise * Form 303 implications?

Covered Electronic Waste (CEW) Program

Recent Initiatives CDFA / Weighmaster Enforcement Program Interagency Agreement CRT Glass Management Regulations - Approved Civil Liability Regulations - Approved Designated Approved Collector Reform -- Upcoming

Cathode Ray Tubes (CRTs) Composition and Components In general: Funnel contains lead Panel contains barium

Q: Where Has the CRT Glass Gone…? In 2014, over 100 million pounds were shipped from CA… A: Arizona to …? A: India

Possible CRT Markets / Dispositions? CRT Manufacturing CRT Reuse Lead/Copper Smelting Glass Furnaces Ceramics Chemical Extraction Concrete Retrievable Storage ADC Disposal

Civil liability initiative Statutory Authority: PRC, 42474(d) “Civil penalties in an amount of up to twenty-five thousand dollars ($25,000) per violation may be administratively imposed by the Department of Resources Recycling and Recovery against a person, including an authorized collector or covered electronic waste recycler, that makes a false statement or representation in any document filed, submitted, maintained, or used for purposes of compliance” with the Electronic Waste Recycling Act and associated regulations, including those related to the CEW program.

Civil liability initiative Examples of Potential False Statements(I): Source documentation: incorrect names and addresses, non-existent sources, misstated amounts Transfer documentation: misstated amounts, inactive collector represented as active Designation: altered POD, validity dates, or other information, misuse of Designation

Civil liability initiative Examples of Potential False Statements(II): Cancellation records: false cancellation dates and/or weights, non-CEW material claimed as CEW material, non-CRT material portrayed as CRT material Shipment records: inconsistent information End-use destination receipts/documentation: false statements regarding CRT glass ultimate disposition

Civil liability initiative Penalty determination: Minor: first-time violations where the gravity is severe ($500-$4,000) Moderate: subsequent or multiple violations ($4,000-$15,000) Major: pattern and practice of non-compliance or intentional ($15,000-$25,000)

Civil liability initiative Administration: Notice of violation (NOV): Issued prior to the imposition of penalties Process may stop with a NOV Accusation: Seeking an administrative penalty or penalties Issued following the issuance of a NOV for repeated violations OR Issued directly if warranted by circumstances (no prior NOV required)

Civil liability initiative Administration: Administrative Hearing: Notice of Defense must be filed within 15 days Held before a hearing officer Final decision issued within 30 days Settlement: Anytime before a decision is issued

Designation Reform Current Provision: A Designated Approved Collector may provide CEW recovery service on behalf of a California local government Collections / Clean-ups A designation specifies scope Timeframe(s) Location(s) Activities

Designation Reform Anticipated or Possible Adjustments: Clarify designating authority / delegated officials Cities, counties, districts, authorities(?) Strengthen LG – DAC relationship Contracts? Reporting? Form 303 compliance? Limit / Refine Scope and Use Geography? Sources? Timeframes? Consequences for misuse?

CEW Program Future? Solving the CRT problem will be “easy” Non-CRT devices harder to dismantle, less material value Regulatory considerations for CCFLs, LEDs, plasma glass, etc Documenting sources, flow, and “cancellation” Setting adequate payment rates / equitable fee levels Will current model work into the future…?

Comments, Concerns, Questions? Anticipate an upcoming workshop on Designations Possibly December 16… Troubles? Contact me anytime: Jeff Hunts, Manager jeff.hunts@calrecycle.ca.gov 916-341-6603