Implementation of Minnesota’s E-waste Law RAM/SWANA 2007 October 22, 2007 Garth T. Hickle Minnesota Pollution Control Agency

Policy Context  Agency report to Legislature recommending disposal ban (1995).  CRTs listed as priority product for stewardship action in state product stewardship policy (1999).  Participated in NEPSI ( ).  Producer responsibility approach ( ).  CRT disposal ban enacted (2003).

Policy Context  MPCA convened Waste Electronics Consultation Process (2004).  Regional Policy Development and Legislative Task Force (2006).  Task Force language passed House Ways and Means Committee (2006).  MN Electronics Recycling Act Law passed Senate 63-1 and House Law passed Senate 63-1 and House Signed by Governor Pawlenty on May 8. Signed by Governor Pawlenty on May 8.

Regional Policy Development  Dialogue initiated in July 2005 to promote harmonized policy development.  MN, WI, IL, IA, MI and support from US EPA.  Three financing options vetted at December 2005 meeting.  “Eco-fee” draft option selected in Jan  Collaborated with NERC/CSG regional effort.  Initiative issued policy statement in April  Council of State Governments resolution adopted Dec

Minnesota Electronics Recycling Act  Manufacturer responsibility obligation determined by previous year sales of VDDs.  May collect CEDs to meet obligation.  Retailers report sales to manufacturers.  If manufacturers opt or fail to meet obligation,.30,.40, or.50 fee.  Manufacturers can apply credits to future years or sell.  RoHS compliance.

Minnesota Electronics Recycling Act  160 manufacturers expected to register.  MPCA estimates 48.3 million lbs. of VDDs sold in MN (2006).  Project 23.2 million lbs. of VDDs eligible for collection (2008).  4.8 million lbs. additional credit for Greater Minnesota (2008).  Project 3.9 million lbs. of CEDs available (2008).

Implementation Timeline  Collector and recycler registration by August 1,  Manufacturer registration by September 1,  August 1, 2008: reporting requirements for collectors/recyclers.  August 1, 2008: Retailers report VDD sales to OEMs.  September 1, 2008: Manufacturers report to Department of Revenue, including: Total weight of household sales of VDDs in MN. Total weight of household sales of VDDs in MN. Total weight of CEDs recycled in MN. Total weight of CEDs recycled in MN.

Retailer Responsibilities  Retailers do not need to register and/or remit fees to the state.  Sellers of VDDs only able to sell products to households in MN from registered manufacturers.  Retailers required to report to registered manufacturers their annual sales of VDDs to households.  Retailers required to provide information on recycling opportunities.

Collector Responsibilities  “Collectors” are public or private entities that receive covered electronic devices from Minnesota households. Collectors register with the MPCA by August 1 of each year.  Beginning August 1, 2008, collectors must annually report to the MPCA, providing the weight of covered electronic devices collected for recycling from Minnesota households.

Recycler Responsibilities  Recyclers accept covered electronic devices from households or collectors of these devices in Minnesota.  Recyclers of CEDs register with the state by August 1 of each year.  Beginning August 1, 2008, recyclers must annually report to the state program, providing the weight of covered electronic devices recycled from MN.

ESM Requirements  Comply with applicable regulations-federal, state and local.  Licensed by applicable entities (Twin Cities).  No prison labor.  $1 million liability insurance.  Recyclers must certify compliance.  Manufacturers must do due diligence.  Agency will implement US EPA BMPs.

Manufacturer Responsibilities  Under the law, a "manufacturer" makes products for sale under its brand, or has others make products under its brand.  Manufacturers of VDDs that sell to households in MN register with the state by September 1, 2007, and pay a fee. $5,000: Manufacturers of 100 or more VDDs per year. $5,000: Manufacturers of 100 or more VDDs per year. $1,250: Manufacturers of less than 100 VDDs per year. $1,250: Manufacturers of less than 100 VDDs per year.  Manufacturers must meet annual targets for collection and recycling of CEDs, based on their sales of VDDs in MN: Year one (July 1, June 30, 2008): 60% (by weight) of sales of VDDs in MN to households/consumers in this time period. Year one (July 1, June 30, 2008): 60% (by weight) of sales of VDDs in MN to households/consumers in this time period. Year two and beyond: 80% (by weight) of sales of VDDs in MN to households/consumers for the July 1 - June 30 time period. Year two and beyond: 80% (by weight) of sales of VDDs in MN to households/consumers for the July 1 - June 30 time period.

Manufacturer Responsibilities  Collected devices must come from households, not business or institutional sources.  Manufacturers will need to track, for audit purposes, the source of materials recycled.  Collected devices may be any brand, not necessarily those of the manufacturer.  The law does not specify collection methods.  “Covered electronic devices” include computers and peripherals, printers, facsimile machines, DVD players, and VCRs sold to households, in addition to VDDs.

Registration Status  24 recyclers (MN, WI and ILL)  100 collectors 160 sites 160 sites  55 manufacturers 100 brands 100 brands  Frequent questions: Brandowner vs. manufacturer Brandowner vs. manufacturer Local government collector registration Local government collector registration ESM requirements ESM requirements Other products Other products

Local Government Case Study  St. Louis County 132,000 pounds of CEDs collected from July to Sept. 100 percent increase over projected volume. 132,000 pounds of CEDs collected from July to Sept. 100 percent increase over projected volume. County is charging $1 or $2 for CRT containing products. County is charging $1 or $2 for CRT containing products. Fees reduced July 1. Fees reduced July 1. The county has received $1,300 in revenue and estimates a savings of $28,000 for the 3 months thus far. The county has received $1,300 in revenue and estimates a savings of $28,000 for the 3 months thus far.

Next Steps  Notification of non-compliant companies.  Public education/outreach strategy.  Reporting Workshop November 13, 2007 November 13, 2007  Implementation of US EPA BMPs/Certification program.  Grants/contracts for underserved areas.

Lessons Learned  Opportunities for regional collaboration Consideration in other Midwestern States Consideration in other Midwestern States Registration, reporting, enforcement Registration, reporting, enforcement Toxics in Packaging Clearinghouse Toxics in Packaging Clearinghouse  Federal action Framework approach Framework approach Definitions, RoHS, BMPs, export Definitions, RoHS, BMPs, export  Allocation of roles and responsibilities  Performance metrics

Web site: Contact Information: Garth Hickle Product Stewardship Team Leader Minnesota Pollution Control Agency