Electronic Waste Stakeholder Workshop Emergency Regulations and Program Implementation (SB 50)

Statutory Changes—CIWMB SB 20 SB 50 Fee July 1, 2004 January 1, 2005 Recycling Payments Oct. 1 (by regulation) Out-of-State January 1, 2005 In-State Only Interim Payment Schedule $0.28/lb. Cancelled Material $0.28/lb. Per Unit Manufacturer Payment None Payments Made for Manufacturer Take-Back

Statutory Changes—CIWMB SB 20 SB 50 Definitions First sale ‘Retail sale’ of New/Refurbished Manufacturer Notification Notify retailers only Copy of retailer notification to BOE List of retailers to CIWMB BOE ‘May’ collect fee ‘Shall’ collect fee

Statutory Changes—DTSC SB 20 SB 50 Scope Established a list of covered devices by regulations Broadens scope of covered devices Definition Video Display device not defined Added definition of video display device Changes meaning of electronic device Manufacturer Notification Established by regulation for added devices Established by statute for added devices

Statutory Changes—DTSC SB 20 SB 50 Nonhazardous Concurrence Established procedure by regulation Established procedure by statute Export Exemption for components Exemption deleted

Regulatory Packages CIWMB’s SB 20/50 emergency regulations First adopted; May 2004 Draft changes; Oct. 7 th, 2004 workshop Board consideration; Nov (tentatively posted Oct. 19 th ) Submit to OAL; Dec DTSC Product scope regulations; Dec DTSC RoHS regulations by Jan. 2007

Final Regulations Both CIWMB and DTSC will be promulgating final regulations next year Stakeholder workshops and formal comment periods are part of the process

Outreach—DTSC DTSC will conduct two workshops to assist handlers in completing their treatment notifications. Southern California: October 25, 2004 DTSC – Glendale Office 1011 N. Grandview Avenue Glendale, CA :00 am – 12:00 pm Northern California: October 28, 2004 Cal/EPA Training Room (East) 1001 I Street Sacramento, CA :00 am – 12:00 pm Contact: Valetti Lang at (916) or

Fee Collection Board of Equalization Lynn Bartolo

Product Scope/ Non-Hazardous Waste Concurrence Process Department of Toxic Substances Control

Definition/Scope Under SB 20 Definition of covered electronic device: a cathode ray tube (CRT), CRT device, flat panel screen or any other similar video display device with a screen size greater than 4 inches measured diagonally and which the department determines, when discarded or disposed, would be a hazardous waste.

Definition/Scope In response to SB 20, DTSC adopted regulations specifying covered electronic devices [title 22, California Code of Regulations, Chapter 11, Appendix X (c)]. Cathode ray tube (CRT) containing devices CRTs Computer monitors containing CRTs Laptop computers with liquid crystal display (LCD) screens LCD containing desktop monitors Televisions containing CRTs

Definition/Scope Under SB 50 the definition of covered device changed to an electronic device which equates to a video display device. Definition of an electronic device: a video display device, as defined in subdivision (t) of Section of the Public Resources Code, with a screen size greater than 4 inches [H&SC section ]. Definition of a video display device: an electronic device with an output surface that displays, or is capable of displaying, moving graphical images or visual representation of image sequences or pictures, … including, if applicable, a device that is an integral part of the display, in that it cannot be easily removed from the display by the consumer. A VDD may use a CRT, LCD, gas plasma, digital light processing or other image projection technology [PRC section 42463(t)].

Definition/Scope The schedule designating which electronic devices will be covered electronic devices [HSC section (d)] incorporates the broad category of CRT-containing devices. This means the fee will be collected on CRT-video display devices other than televisions and computer monitors beginning January 1, DTSC has reviewed this new sub-category of CRT devices and believes the impacts will be minimal.

Export SB 20 Exemption for components that created the question whether components were, in fact, subject to the SB 20 export notification. SB 50 Totally removes components. Export requirements only apply to waste devices. DTSC will be revising the fact sheet to reflect that only exports of devices are subject to the SB 50 requirements.

Manufacturer Notification Manufacturers were required to notify retailers of the devices subject to the recycling fee by October 1, 2004 and by April 1 of each year thereafter. All devices listed in regulation (Appendix X) are subject to the recycling fee and must be included in the notification unless a nonhazardous concurrence has been obtained.

Manufacturer Notification Devices already listed in Appendix X Manufacture must notify retailers by: Device is subject to fee collection on: July 1, 2004October 1, 2004January 1, 2005 Device listed in Appendix X and those added during the calendar year ending December 31 Manufacture must notify retailers by: Device is subject to fee collection on: December 31 December 31, 2004 December 31, 2005 April 1 of next year April 1, 2005 April 1, 2006 July 1 July 1, 2005 July 1, 2006 etc.

Non-Hazardous Waste Concurrence Timeline Manufacturer required to notify each retailer of devices no longer subject to the recycling fee (immediately). DTSC required to post a copy of the non- hazardous concurrence on its website within 10 days. DTSC required to send a copy of the non- hazardous concurrence to CIWMB within 10 days.

Non-Hazardous Waste Concurrence Timeline Date device is not subject to fee. Date of non- hazardous waste concurrence January 1 (Qtr. 1) April 1 * (Qtr. 2) July 1 (Qtr. 3) October 1 (Qtr 4) Sep 1 – Dec 1X Dec 2 – Mar 1X Mar 2 – May 31 X Jun 1 – Aug 31 X * Notification Date Get the most bang for your $$ in September to March timeframe

Enforcement Department of Toxic Substances Control

Emergency Administrative Regulations Implementation of the Electronic Waste Recycling Act of 2003 as Amended (SB 50) Title 14 Natural Resources Code Division 7 CIWMB Ch. 8.2 Electronic Waste Recovery and Recycling

Article 3. Manufacturer Reporting Requirements Requirements Regulatory Revisions to Implement Changes to PRC Removal of PBDE reporting Addition of list of retailers noticed by manufacturers

Article 1. General Definitions New Definitions Pertaining to Manufacturer Payments Deletion of PBDE Revised “Bare Panel”

Article 2.0 Electronic Waste Payment System Applicability and Limitations Start Date, Collector Requirement, “Cost-Free”, Manufacturer Payments Document Submittals Records Audits Net Cost Report Due Date

Article 2.1 Electronic Waste Payment System— Applications for Approval General Application Requirements Addl. Collector Requirements “Cost-Free” Condition Addl. Recycler Requirements DTSC Authorization In-State Only Addl. Dual Entity Requirements

Article 2.1 (continued) Electronic Waste Payment System— Applications for Approval CIWMB Application Review Approval Term & Renewal Prohibited Activities Approved Application Changes Appeals

Article 2.2 Electronic Waste Payment System— Business Requirements Approved Collector Requirements Improved Documentation Approved Recycler Requirements Improved Documentation

Article 2.3 Electronic Waste Payment System— Recycling Payment Claims General Requirements Improved Documentation Cancellation— CRT Crushing/Shredding No Conversion; Residuals Tracking Cancellation— CRT Dismantling No Conversion; Residuals Tracking

Article 2.3 (continued) Electronic Waste Payment System— Recycling Payment Claims Cancellation—LCD Monitors/ LCD Laptops Residuals Tracking CIWMB Payment Claim Review Appeals

Article 2.4 Electronic Waste Payment System Cancellation Methods xx Conversion Factors Deleted Recovery Payment Rate Combined Recovery and Recycling Payment Rate Clarified “Combined” Rate

Article 2.5 Electronic Waste Payment System— Manufacturer Payments Manufacturer Registration Requirements Payment Claims CIWMB Payment Claim Review Appeals