Rhode Island Product Stewardship Laws for Auto Mercury Switches & Electronics Elizabeth Stone, RI DEM April 2010

Let’s Begin with Auto Mercury Switches… – RI General Assembly adopted law creating a semi-voluntary auto mercury switch collection & recycling program (S-0611Aaa):   “Mercury switch” means a mercury-added convenience light switch assembly or capsule from an end-of-life motor vehicle.   Auto manufacturers were given a target capture rate of 9,650 switches for 2006 (equals 50% of total estimated # of switches available in RI – 19,300).   Manufacturers allowed to design own collection program.   If manufacturers did not meet target in 2006, then $3.00 per switch bounty will kick in. Manufacturers did not meet collection requirements in first half of 2006, so…….

Auto Mercury Switches cont.   2006 – RI General Assembly eliminated the “voluntary” auto mercury program established by the RI General Assembly in 2005 and required DEM to adopt a regulatory program that obligates auto manufacturers to pay auto recyclers a minimum bounty of $5 per mercury switch removed from end- of-life vehicles.   Auto manufacturers were given a target capture rate of 13,510 switches for (equals 70% of total estimated # of switches available in RI – 19,300).   Allowed to work independently or as a group to meet collection goals.   End of Life Vehicle Solutions (ELVS) is organization operating in RI on behalf of manufacturers.

Auto Mercury Switches cont.  2007 Collection ##: 10,713 switches  Corresponds to 23.5 lbs of mercury  Corresponds to $54,025 in bounty payments  2008 Collection ##: 7,290 switches  Corresponds to lbs of mercury  Corresponds to $36,255 in bounty payments  2009 Collection ##: 4,533 switches  Corresponds to 9.97 lbs of mercury  Corresponds to $22,654 in bounty payments DEM is planning to review the capture rate which was established by regulation.

E-Waste in RI Due to a comprehensive EPR e-waste law enacted in June of 2008, manufacturers of electronic products have individual financial responsibility to take back and recycle their products (TVs, CPUs, laptops &monitors) at the end of the product's useful life from both households and public/private elementary & secondary schools in Rhode Island. It is designed to build upon existing statewide collection & recycling programs available to residents at time of enactment of law.

History of E-Waste in RI  RI General Assembly debated passage of e-waste law every year from  Builds upon RI’s history of adopting comprehensive product stewardship laws:  Comprehensive mercury product law (2001)  Auto mercury-switch bounty law (2006)  Builds upon an e-waste statewide collection program for residential electronic waste run by RI Resource Recovery Corporation for previous ~5 years.

The 3 Big Players in RI’s E-Waste Law/Program  RI DEM:Primary state agency with regulatory authority to enforce law; handles all aspects of manufacturer registration ($5,000 registration fee) & enforcement/compliance.  RI Resource Recovery: Quasi-public that runs RI’s 1 main Central Landfill & state’s recycling programs. Administers state e-waste collection program (aka state default collection/recycling program).  Manufacturers: Financial obligations include registration fees and recycling fee payments to Resource Recovery or administration of own individual collection/recycling plan.

The Core Features of RI’s Law/Program  Adopted Summer requirements for manufacturers kicked in Jan  Landfill ban on e-waste took effect Feb  Hybrid of Washington and Oregon laws.  Covers TVs, CPUs, laptops, monitors (no printers) – RIDEM has authority to add products via regulation.  Manufacturer individual financial responsibility; covers residential & elementary/secondary schools:  Registration ($5,000 annually)  Collection and recycling costs (varies by manuf.)  Market share for TVs; Return share for IT equipment.  RIDEM & Rhode Island Resource Recovery Corp. (RIRRC) implementing jointly.

RI DEM Implementation  manufacturers (corresponds to ~115 brands) completed registration process.  Approved 5 Independent Plans:  Dell, HP, Samsung, Sony and MRM. (All but Dell failed to meet collection goals.)  DEM is aiming to work more closely with local retailers on enforcement of sales ban for non-compliant manufacturers.  DEM is updating Universal Waste Rule to include new category for used electronics.  DEM is aiming to complete Environmentally Sound Recycling regulations for electronics reuse & recycling.  Ongoing - Working to implement state procurement requirement that by 1/1/09, all RI state agencies shall meet 95% of purchasing requirements with EPEAT registered products (laptops, CPUs, monitors).

RI Resource Recovery Implementation  Enforcement/education about e-waste disposal ban in state Central Landfill ongoing since January  Tasked with developing final Return Share/Market Share numbers for each manufacturer – should be complete for 2010 in next couple of weeks.  Contracted with WeRecycle! & RMG Enterprise to serve as collector/recycler for state program (2009 & 2010).  State program collections have been on-going since February - includes collections at state Central Landfill, satellite collection events across the state, and municipalities offering to have permanent collection containers at DPW facilities.  State program collected ~1.8 million pounds in 2009.

RIRRC and DEM…  In 2010, the two agencies have been (or will be) involved in EPR/Product stewardship discussions before the General Assembly on:  Mercury thermostat EPR law (includes a $5 financial incentive)  Amendments to e-waste law (introduced at RIRRC’s request)  2 very different bills on pharmaceuticals (hearing has yet to be scheduled on either bill)  Framework legislation (just introduced on April 8 th, and hearing has yet to be scheduled)

Questions?