obsolete electronics and sustainability the regulatory challenges of e-waste disposal

OBSOLETE ELECTRONICS AND SUSTAINABILITY The Regulatory Challenges of E-waste Disposal

Sabaa Khan, LL.M., LL.B.

Barreau du Quebec

Associate Fellow, Centre for International Sustainable Development Law

[email protected]

S.Khan, Obsolete Electronics & Sustainability, CERIUM 2010

Part 1. E-wastes under International Environmental Policy

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Part 2. Extended Producer Responsibility (EPR) Policies

GREEN DESIGN

Produce

ConsumeRecover

Sustainable Production


ELECTRONIC REVOLUTIONcommunication • security • health • culture

mobility • food • education

+

PLANNED OBSOLESCENCE

40 million tonnes of WASTE ELECTRONICAL AND ELECTRONIC EQUIPMENT generated annually (UNU, 2007)

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PERVASIVE COMPUTING

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Any appliance using an electric power supply that has reached its end-of-life. (OECD, 2001)


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Components contain highly toxic substances. (Cadmium, lead, barium, chromium, mercury, brominated flame retardants +…) Landfilling and incineration are harmful to human and environmental health.


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Source: Swiss E-waste Competence

Source: Tess-Amm

Electronics should be recycled:Valuable materials recovered, toxins safely disposed.

Disposal streams:

Reuse/donate/storeCommercial recyclerCurbside discard

Stringent environmental and occupational health and safety regulations to follow in the EU, Canada, US. (e.g. filtration of gas emissions, treatment of effluents, monitoring and control of worker exposure to byproducts).

Capital-intensive & not always publicly funded.

Not a viable business for small-scale collectors and recyclers.

S.Khan, Obsolete Electronics & Sustainability, CERIUM 2010 8

Ghana, BAN Brazilian Port, UK TimesChina, BAN

India, P. Tewari

Most E-waste is Exported for Disposal, Recycling and Re-Use

Exporter incentives

Accountability-free, physically and financially efficient.

Profitable: collection charges imposed on consumers, sales revenue from foreign waste dealers(approx. USD 14.7 billion by 2015).

Escapes NIMBY concerns, environmental regulations.

Importer incentives

Manufacturing industries need continuous supply of raw materials.

Rapidly growing used electronics markets, especially in Africa.

Facilitators:

PovertyLack of Environmental Regulation

Lax EnforcementCorruption


9Source: Dayaneni and Doucette (2005)


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ENVIRONMENTAL & HEALTH EFFECTS OF INTERNATIONAL E-WASTE FLOWS

Externalization of pollution

Ocean pollution (cargo shipping)

Human and environmental contamination in e-waste processing villages

(e.g. Guiyu, China: food markets, school yards, waterways, cancer, respiratory illness,

birth defects, neurological disorders.)

SmeltersLead-bearing scrap recycled by smelting into elemental lead or alloys. Chinese children’s blood lead levels are 4x higher than children in the US.

Contaminated products made from E-wasteE-waste a possible source material for children’s jewelry sold in the U.S. (J.D. Weidenhammer, 2007)Toxic levels of cadmium increasingly found in toys & jewellery sold internationally.

E-waste contaminated agri-food imports from Chinae.g. Taizhou City (Zhejiang province) the “land of fish & rice” and electromechanical industries. Rice crops high in lead and cadmium, daily intake could cause detrimental health hazards to consumers. (J.Fu et al., 2008)


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How do e-waste trade flows impact human rights?


98% of China’s 700,000 e-waste recycling jobs are in the informal sector (Green Jobs for Asia Conference, 2008).

China receives up to 70% of global electronics discards. (UNESCO Future Forum 2009)

E-waste recycling is a growing employment sector in developing countries that gravely endangers human and ecosystem health.

Resolution 1995/81: “a serious threat to the human rights to life and health of everyone…”

Special Rapporteurs 2004, 2006: rising e-waste exports pose an obstacle to realization of human right to health, “poor, vulnerable, marginalized suffer disproportionately from exposure to toxic chemicals…”

E-waste is the newest and most threatening form of hazardous waste.

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United Nations

Commission on Human

Rights

International Labour Office


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Is e-waste export (dumping) prohibited under international hazardous waste regulation?


Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (1992):

Minimize generationLimit international movements

Promote national self-sufficiency 1990-1995 transfers from OECD countries:

disposal - 31.1% recycling +32%

Basel Ban Amendment (1995): a complete ban of all hazardous waste exports for disposal, recycling and recovery from Annex VII countries (OECD, EU, Lietchtenstein) to non Annex VII countries (all other Basel Parties).

• Entry into force of the Basel ban (interpretation of Art. 17(5) of the Convention) disputed: ¾ of the original 82 Parties to the Convention need to ratify or ¾ of the current 172 Parties?

• Canadian position: “There will be a need for recycling of hazardous wastes today, tomorrow and for many years to come.” (disruptive effects on hazardous recyclables trade)


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• Annexes I & VIII, unless they do not exhibit an Annex III characteristic (explosive, flammable, liable to spontaneous combustion, liable to become flammable orgive off flammable gases when in contact with water, oxidizing, poisonous, infectious,corrosive, toxic or ecotoxic).

• Defined as hazardous under domestic legislation of an exporting, importing or transit country that is a Party to the Convention.

Art. 4(9): Hazardous wastes are exchanged between territories only:

• when exporting country cannot manage self-sufficiently in an environmental manner• when wastes in question are required as raw material for recycling or recovery in the State of import (exception: Annex VII to non-Annex VII)• under other agreed-upon criteria that do not contravene the objectives of the Convention

Restrictions

What is considered hazardous waste under the Basel Convention?

Scope


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Hazardous

Annex VIII:

A1150 Precious metal ash from incineration of printed circuit boards [...]

A1180 Waste electrical and electronic assemblies or scrap containing components such as accumulators and other batteries included on list A, mercury switches, glass from cathode-ray tubes and other activated glass and PCB-capacitators, or contaminated with Annex I constituents (e.g. cadmium, mercury, lead, polychlorinated biphenyl) to an extent that they possess any of the characteristics contained in Annex III (note the related entry on list B B110).

A 2010 Glass waste from cathode ray tubes and other activated glasses.

Do e-wastes qualify as hazardous wastes?

ExceptionsAnnex IX

B1110 Electrical and electronic assemblies:

• Electrical and electronic assemblies consisting of onlymetals or alloys• Waste electrical and electronic assemblies or scrap notcontaining components such as accumulators and otherbatteries included on list A, mercury switches, glassfrom cathode-ray tubes and other activated glass andPCB-capacitators, or not contaminated with Annex Iconstituents (e.g. cadmium, mercury, lead,polychlorinated biphenyl) or from which these havenot been removed, to an extent that they do not possessany of the characteristics contained in Annex III (notethe related entry on list A A1180)• Electrical and electronic assemblies (including printed circuit boards, electronic components and wires) destined for reuse, and not for recycling or final disposal.

*** Footnote 20 *** “are not considered waste”


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Basel Convention, Annex IX: Re-use exemption

• Extends lifecycle.

• Benefits resource and energy conservation.

• Bridges digital inequalities by ensuring developing countries’ access to IT equipment.

• Repair and refurbishment require replacement and disposal of non-functioning parts.

• Eventual need for recycling and disposal inevitable.

• No mandatory pre-testing, labeling or certification requirements.

• Guise for illegal dumping : e.g. 75% Nigeria


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Is the Basel Convention an effective measure to mitigate e-waste pollution?

Annex IX

• Exports for re-use unregulated, significant source of pollution, major regulatory gap.

Basel Ban

• Does not regulate export for re-use.

• Legally unenforced.

• Creates closed trading group between Annex VII countries. (Exclusive access to ‘waste product’ market: WTO compatible?)

• Legal ambiguities: membership to Annex VII? Article 11 agreements?

• Linked to rise in illegal dumping. (EU)

Internal weaknesses

• Allows fluctuation in HW definitions: precise legal scope unclear.

• Enforcement relies on principle of state responsibility: reporting & tracking inconsistent, developing countries lack infrastructure, capacity.

•Compliance Committee decisions non-binding, ngo’s excluded from process.


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Why should developing countries not be excluded from the waste recyclables market?

Negative impact on resource extraction, increased pressure on manufacturing industries.

Revenue alternatives, social repercussions unclear.

Hinders transfers of clean technology, decreases incentives for cooperation.

Does not solve waste generation issues.


Enhance capacity

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Trading Restrictions

Basel Convention strategies

Advance clean technologies

Buildmulti-

stakeholder partnerships


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COP 8 (2006)

Nairobi Declaration on the Environmentally Sound Management of

Electrical and Electronic Wastes

Decision VIII/2: Creating Innovative Solutions

Preamble:Acknowledges risks of e-waste traffic to

countries that lack capacity. &

Highlights development opportunities created through proper recycling and recovery.

Guiding principles:• e-waste awareness

• transfer of technologies• green design (phasing out of toxics)

• adoption of product stewardship & producer responsibility policies

Mandates Working Group to monitor global developments in e-waste management.

Calls for increased financial support and practical engagement, development of pilot projects on environmentally sound collection, re-use, recycling and refurbishment operations

in developing countries.

Strengthen efforts to combat illegal traffic.

Ensure re-use donations are not end-of-life.


Green Design

Recast waste minimization as a main objective of industrial production.

Eliminate toxic characteristics of products.

Manage waste phase before product materialization.


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Principle of Extended Producer Responsibility (EPR)

Manufacturers and importers take responsibility for the environmental burdens of a product throughout the entire lifecycle of the product and not just the phase in which they are directly implicated.

Lifecycle Thinking

View products as sources of environmental problems.

Shared stakeholder responsibility in pollution prevention and control.


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Implementing EPR

Administrative Economic Informative

• Product taxes

• Advance disposal fees

• Tradable recycling credits

• Marking and labelling • Customer information

• Product take-back schemes

• Re-use and recovery targets

• Environmental standards

RESPONSIBILITIES


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EPR Policies Innovate

Transfer of waste management responsibility to private sector.

Extend traditional focus of environmental intervention from byproduct to product.

Create incentives for industry to move towards waste minimization.

EXPERIMENTAL!

Environmental and financial impacts are not evident:

Germany - Ordinance on the Avoidance of Packaging Waste (1991)

EU – EoLV Directive (2000)


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High degree of variation in EPR Policies

Government intervention

(local/national/none).

Division of responsibilities

between stakeholders.

Impacts on international trading, health and

development of green technologies.


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Waste Electrical and Electronic Equipment (WEEE) Directive

(2002)

Hold producers responsible for recycling/reprocessing/disposal operations related to EEE listed in Annex 1A:

1: large household appliances2: small household appliances3: IT and telecommunications 4: Consumer Equipment5: Lighting Equipment6: Electrical and Electronic Tools7: Toys, Leisure & Sports8: Medical Devices9: Monitoring and Controlling Instruments10: Automatic Dispensers

Restriction on the Use of Certain Hazardous Substances in Electrical and Electronic

Equipment (RoHS) Directive (2002)

Design and manufacturing obligations on producers to phase out use of 6 toxics:

LeadMercuryCadmiumHexavalent ChromiumPolybrominated biphenyls (PBB)Polybrominated biphenyl ehters (PBDE)


WEEE Directive

Manufacturers, Brand owners, Persons who professionally importer/export into EU Member State irrespective of selling technique.

To provide all end-of-life reuse and treatment information that may be required by recycling facilities, including disclosure of EEE components, materials and location of dangerous substances. To finance collection, recycling, recovery and disposal operations.

End User

Collection facility

Producer Responsibility

Producer Definition

Obligations

• New waste (placed on market after 13 Aug. 2005)• Historical waste• WEEE from private households (includes WEEE from industrial, institutional and other sources of similar nature and quantity• WEEE from users other than private households


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WEEE Directive: Producer Responsibility

New waste Historical waste

Producers are individually responsible for financing end-of-life operations related to their own products.

For WEEE from PH: Producers must provide a financial guarantee with every new product placed on the market (i.e. recycling insurance, blocked bank account, participation in collective WEE management scheme).

WEEE from PH: Producers existing on the market (at the time the treatment costs occur) assume collective responsibility according to “their respective share of the market by type of equipment.”

WEEE from users other than PH: Producers are jointly responsible with users.


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WEEE Directive: Government Role

Set up collection and financing systems where consumers can return WEEE at least free of charge (Art.5(2)).

Keep a registry of producers (Art. 12(1)).

Collect information on annual quantities put on market, collected, recycled and exported.

Encourage green design (Art.4).

Meet collection target of 4kg per inhabitant (Art.5(5). New proposal revises this to 65% by weight of all Annex 1A EEE placed on market in 2 preceding years.

Consumer information: Inform and educate users on WEEE health hazards and disposal operations, facilitate access to collection sites, promote consumer awareness and participation.

(Article 10, WEEE)

PRODUCERS DISTRIBUTORS


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WEEE Directive Key Implementation Issues

Physical and financial responsibilities for collection of WEEE from PH not specifically allocated to producers. (Deviation from the PPP).

Collection Responsibilities Lack of harmonizationProducer Definition

Inclusion of wholesalers and retailers as producers.

When producer is the first importer into the national State (wholesaler, distributor, retailer):

• Producer changes each time product crosses national borders.• Several producers held responsible for same product (markings, financial guarantees).

Individual financial responsibility with respect to new products not unanimously transposed (ambiguous or unaddressed).

Varying national requirements (form & substance) means excessive administrative burden & compliance cost on producers.

Differentiation in interpretation of key terms:‘producer’, ‘WEEE from private households’, ‘put on the market’.

Differences in the obligations of distance sellers & foreign entities leaves space for free riders.


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Proposal for a revised WEEE Directive

Harmonized system of producer registration/reporting, inter-operational national registers.

Clarification on product scope (new categorization household/non-household)

Minimum standards for inspection & monitoring requirements for WEEE destined for shipment.

Promotes the extension of producers’ financial responsibility for WEEE throughout the whole waste chain, including from private households.

Higher targets for recycling and reuse.

• EEE producers’ access to their own WEEE not guaranteed (leaks outside producer-funded system).

• Other market actors competing for WEEE remain unregulated.

• No obligation on consumers to discard through appropriate channels.

• No obligation on municipalities to transfer all collected WEEE back to producers for subsequent treatment.

REGULATORY GAP!


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Regulations for the Administration of the Recovery and Disposal of WEEE, Order

No. 551, PRC (2009)

Takes effect January 2011.

Product scope to be defined in forthcoming catalogue.

Regulates ‘recovery’ (collection), disposal.

Does not cover reconditioning, maintenance, reuse.

Main objective is to regulate disposing enterprises.

Administrative Measure on the Control of Pollution Caused by Electronic

Information Products, Order No. 39, PRC (2006)

LeadMercuryCadmiumHexavalent ChromiumPolybrominated biphenyls (PBB)Polybrominated biphenyl ethers (PBDE)

Information disclosure (content levels, ‘environment-friendly use period’, recyclability), labeling restrictions, pre-market compliance testing and certification.

Range of products: electronic components but not assemblies, packaging, raw materials). Products for export not included.

All actors involved in production, sale, import must comply.


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How does the China WEEE impact EEE stakeholders?

Establishes permit system for ‘disposing enterprises’ (WEEE recyclers).

Prohibits all other entities and individuals from engaging in WEEE treatment.

Obliges all actors involved in WEEE treatment (recovery, storage, transport, disposal) to comply with environmental protection regulation and environmental hygiene administration, and to establish WEEE monitoring and information data management systems.

Not obliged financially or otherwise in WEEE collection. Encouraged to collect WEEE independently or through their distributors, repair organs or other entities.

Responsible for disclosing information on toxic components and product recyclability, and contributing to a government-administered special fund for WEEE disposal. (Rules pertaining to collection, administration and use of the fund forthcoming).

• Fails to provide an accountable, coherent system for WEEE collection.

• Does not solve problem of household e-waste being diverted to informal sector.

• Fails to provide framework for consumer awareness / participation in safe disposal.

Provides an ‘asset write-off’ to gov’t agencies, social organizations, enterprises and institutions that deliver WEEE to disposing enterprises.

USERSPRODUCERSRECYCLERS


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• Establishes manufacturer take-back schemes for tv’s, refrigerators, washing machines and air conditioners.

• Consumers pay a recycling fee by purchasing a recycling ticket at retailers or post office. Products are returned to retailers, municipalities.

• Fees are transferred to producers on a monthly basis. ***Fees are low and difference in actual recycling cost is assumed by producers.***

• Covers consumer-owned IT equipment, some other products.

• Obliges Japanese manufacturers in specific industries to incorporate 3 r’s (reuse, recyle, reduce) in their business model.

• Imposes a point-of-purchase recycling fee. Consumer gets a label to put on EoL equipment, then sends it to post office. Postal system sends it to appropriate recycler.

• Same six substances as China, EU.

• Applies to PCs, TVs, refrigerators, washers, dryers, microwave ovens and unit air conditioners.

• Does not prohibit use, imposes labeling restrictions, information duties when content levels of these substances exceed the allowable limit.

Japan WEEE/RoHS Laws

HARL (2001) LPEUR (2001) RoHS (J-MoSS, 2006)


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United States Approach

California:

• RoHS law (EWRA, 2003), mandatory recycling system and export ban (same standard as Basel Convention).

• Local governments responsible for collection and handling.

• Industry participation limited to green design, no financial or other implication in recycling phase.

46.1% of U.S. population uncovered by e-waste laws. (Consumers are charged a fee by e-waste collectors.)

Federal export rules don’t prohibit U.S. recyclers from exporting.

State-level patchwork policies pose administrative and financial burden.

Landfill bans & EPR policies in 18 States.


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No electro-industry product will be manufactured or imported unless it meets m.a.c. limits (same 6 substances as EU RoHS.)

Electro-industry product:

"any product or equipment that is directly used to facilitate the transmission, distribution, or control of electricity, or that uses electrical power for arc welding, lighting, signaling protection and communication, or medical imaging, or electrical motors and generators".

Detailed list of exclusions and exemptions (e.g. electrical wire, cables and accessories, medical equipment, products with 300V rating, fixed installations).

IT equipment? Household / consumer equipment? Toys? Leisure & Sports equipment?

U.S. Legislative Proposals (May 2009)

Prohibits e-waste exports to non-OECD countries.(Does not establish national EPR rules or guidelines).

Product scope:

"used personal computers, servers, monitors, televisions, other video display products, printers, copiers, facsimile machines, video cassette recorders, digital video disc players, video game systems, digital audio players, personal digital assistants, telephones, image scanners, and other used electronic products the [EPA] determines to be similar".

Exemptions include re-use, repair, refurbishment.U.S. exporters not obliged to provide contractual proof of receiving facility’s consent or capacity to handle the shipment in an environmentally sound manner.

Environmental Design of Electrical Equipment (EDEE) Act

Amendment to the Solid Waste Disposal Act to restrict certain exports of electronic waste


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Canadian E-waste Regulation

Canadian Council of Ministers of the Environment (CCME) :

Canada-wide Principles for Electronic Product Stewardship

Recommended E-Waste Products

EPR/ARF systems

in place: pending:Alberta ManitobaOntario QuebecSaskatchewanNova Scotia British Columbia


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SaskatchewanWaste Electronics Regulation

Designated products:

Computers & peripherals PrintersMonitors Televisions Audiovisual equipment (including in-vehicle) Non-cellular telephones and answering machines

Quebec Draft Residual Materials Management Policy (Nov. 2009)

Electronic Products:“electronic appliances used to send, receive, display, store, record or save information, images, sounds or waves, and their accessories, except products designed and intended to be used in an industrial, commercial or institutionalenvironment exclusively.” (Art. 23)

Subcategories:

Computers & peripheralsTelevisionsPrinters, Scanners, Faxes, PhotocopiersPhones & devices (cellular, satellite, traditional, pagers, hands-free)Video game consoles & peripheralsPlayers, Recorders, BurnersDigital photo frames, e-books, GPS systems, walkie-talkies, digital cameras, camcorders.

Canadian Comparison


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International WEEE/RoHS Legal Landscape

Information Sharing and Stakeholder Participation

Lack of stakeholder awareness and incentive contribute to improper disposal. Need to strengthen public education initiatives.

Interlock interests of manufacturers, consumers, recyclers and the informal sector.

Developing countries: Inclusion of informal sector in environmental management necessary (e.g. utilizing their collection/handling skills).

Responsibilities of Non-Producers

Govt’s need to address the role and financial interest of e-waste brokers, recyclers and other non-producers involved in WEEE chain.

Important that producers can access WEEE before it enters unregulated recycling channels.

Greater transparency and corporate responsibility needed in the recycling sector.

Harmonized RoHS Adoption

Essential dimension of e-waste governance.

No action on RoHS will hurt domestic industries, slow down global standardization of green design and clean production.

Discordance between policies poses serious compliance issues, costs (especially for SME’s, Asian contractors).

Need for financial and technical assistance to EEE supply chain actors.

PROSPECTIVE IMPROVEMENTS


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E- Waste management

Sustainable Production

Sustainable Consumption

An environmental framework for

electronics consumption?


Sabaa [email protected]

THANK YOU

obsolete electronics and sustainability the regulatory challenges of e-waste disposal

Documents

environmental regulations

environmental contamination

occupational health

ewaste processing villages

swiss ewaste competencesource

electronic equipment

safety regulations

disposal streams