Electronics recycling rulemaking overview - Electronics recycling rules public feedback meeting December 9, 2020
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Electronics recycling
rulemaking overview
Electronics recycling rules public feedback meeting
December 9, 2020
Public feedback meeting
Background on electronics recycling law
and solid waste regulations
Presentation of rule concepts
Solid waste regulations for in-state facilities
Requirements for E-Cycle Wisconsin
participants
Open forum for rule questions and
feedback
Next steps
Meeting Logistics (Zoom)
Written Comments
1. Click Chat
2. Submit your written comment or question
Meeting Logistics (Zoom)
Verbal Comments
1. Click Participants
2. Raise Hand
(1.) (2.)
Meeting Logistics (Zoom)
3. When your name is called, the Meeting
Host will unmute you
Meeting Logistics (Zoom) 4. You should receive a pop-up “The host would like you to unmute”: Click
Meeting Logistics (Zoom)
5. When you’ve finished speaking, the Host
will re-mute you
State statutes and code applicable to
electronics recycling
S. 287.07(5), Wis. Stats. – Electronics disposal bans
S. 287.17, Wis. Stats. – Electronics recycling law that governs E-Cycle Wisconsin
S. 289.05(1), Wis. Stats. – Solid waste rulemaking authority
Ch. NR 500, Wis. Adm. Code – General solid waste management requirements
Ch. NR 502, Wis. Adm. Code – Solid waste storage, transportation, transfer and processing
Ch. NR 520, Wis. Adm. Code – Solid waste management fees and financial responsibility
requirements
NR 600 series of administrative code – hazardous waste requirements (not part of
rulemaking scope)
Landfill and
incinerator bans
Televisions
Computers (desktop laptop,
netbook, tablet)
Computer monitors
Computer accessories (mice,
keyboards, external hard drives,
etc.)
Desktop printers & fax machines
E-readers
DVD players, VCRs and DVRs
Cellphones
E-Cycle Wisconsin
Manufacturers of TVs,
computers, monitors and printers
must register and meet recycling
targets based on weight of
covered electronics sold in WI
Collectors and recyclers can
choose to participate; must meet
program requirements
Only weight from registered
collectors and recyclers eligible
for manufacturer creditRequirements for registered collectors
Must register with E-Cycle Wisconsin IF working
with a registered recycler or another registered
collector
Annual report/re-registration submitted to
DNR (no fee)
Sites/events where electronics collected
from the public are reported and displayed
on DNR’s website (can include restrictions,
like community residents only)
Being part of E-Cycle Wisconsin not a
requirement if not working with registered
recyclers/collectors
Solid and hazardous waste requirements and
BMPs apply to everyoneRequirements for registered recyclers
Must register with E-Cycle Wisconsin IF working on behalf of a registered
manufacturer
Annual report/re-registration submitted to DNR (no fee)
Pollution liability insurance of at least $1 million
Maintain proof of financial responsibility for closure and cleanup and a
written contingency plan for environmental releases
Comply with all federal, state and local requirements concerning storage,
transportation, processing and exporting of eligible electronics and materials
derived from eligible electronics
Comply with federal requirements for occupational and environmental health
and safety training for employees
May not use prison labor to recycle electronics under E-Cycle Wisconsin
Keep detailed records, including sources and downstream vendors for eligible
electronics Submit an annual registration form to the DNR
Pay an annual registration fee, if applicable
Report annually on sales of covered electronic devices to
Wisconsin households and covered schools
Requirements for Ensure all covered electronic devices sold under their
manufacturers brand in WI have a manufacturer's label that is
permanently affixed and prominent
If the manufacturer has a recycling target for a given
Manufacturers of TVs, program year, work with registered collectors and
computers, monitors and recyclers to meet this recycling target
printers required to register Manufacturers negotiate private contracts with recyclers
with the DNR to sell devices to to purchase credits for the number of pounds needed to
Wisconsin households and meet the target
schools If a manufacturer does not meet its recycling target, it
must pay a shortfall fee to the DNR
A manufacturer does not need to limit its recycling to its
own brand or device typesRequirements for
retailers
May only sell registered brands
covered electronics to Wisconsin
households and covered schools
Customer education requirements
Inform customers about Wisconsin's
landfill and incineration bans on
electronics
Describe how and where customers
may recycle electronicsCurrent regulation outside of
E-Cycle Wisconsin
E-Cycle WI does not cover: Limited DNR oversight
Non-eligible devices Compliance with solid waste disposal
requirements where salvageable
Devices from businesses, some material exemptions don’t apply
private K-12 schools, higher
education, government and Hazardous waste requirements for
institutions management of cathode ray tubes
and circuit boards
Collection and recycling activities
not done on behalf of manufacturers Universal waste requirements for
batteries, lamps and mercury
equipment removed from electronics
Solid waste processing approvals for
a few advanced processing
operationsChallenges
Electronics not recycled by registered recyclers
13 million pounds $2.1 million
collected but not Estimated cleanup cost
processed by registered for the DNR’s largest
recyclers (4% of total electronics enforcement
collected) cases since 2015Giese property,
Oconto County
$163,000 U.S. EPA cleanup
in 2015Good Brothers,
Juneau County
Estimated $125,000
cleanup, no funding
availableProblems to address
More enforcement cases
Expensive “backyard scrapping” cases
Regulatory uncertainty and gaps for legitimate recyclers
that have problems
Currently, DNR can only require owner financial
responsibility for registered E-Cycle Wisconsin recyclers
Uncertainty for generators—who is a responsible recycler?
Misapplied scrap metal exemption given current
electronics makeup
Need for more consistency with other solid waste and
recycling processorsAddressing challenges
Legislative
recommendations
Change or replace manufacturer target
formula
Change or replace method of
encouraging rural collection
Update and clarify device definitions to
address new products and concerns
Create small grant program to improve
electronics recycling infrastructure
Change program year to calendar year
Allow all K-12 schools to recycle
through E-Cycle Wisconsin
Reduce/eliminate registration fees for
small manufacturersSB 264/AB 297: did not pass this session Change program year to calendar year Reduce/eliminate fees for small manufacturers Expand definition of schools to include all K-12 Slight tweak to desktop printer definition Requires manufacturers to report by rural/urban pounds Bill information
Protect human health and the environment
by providing more consistent oversight of
electronics recycling operations in
Wisconsin.
Rulemaking
goals Ensure the electronics recycling program
created by s. 287.17, Wis. Stats.,
continues to function well, including
Full scope statement maintaining streamlined registration and
reporting practices and preserving a level
playing field among program participants.Preventing harm to
environment/human
health
Solid waste processing license
allows more up-front technical
assistance, OFR in case of
problems down the road
Strengthen sound recycling
practices from BMPs to
requirements
Help generators find responsible
recyclers
Strengthen OFR requirements
for registered recyclers to
ensure level playing field,
adequate funds set aside with
independent third partyRulemaking timeline (estimated)
Dec. 2019 Dec. 2020 June 2021 Oct. 2021 – Mar.
2022
Natural Resources Public feedback Public hearing and Approval by Governor
Board approval to begin meeting on rule comment period on and Legislature
drafting rules concepts draft rules
Public comment on
Rule-writing process economic impact Adoption by Natural Rules become
begins statement Resources Board effective
Jan. 2020 Mar. 2021 Sep. 2021 June 2022Rules affected
Section Changes
NR 500.03 New electronics recycling definitions; amended “salvageable materials” definition
NR 502.05 Include electronics in storage license exemption for facilities serving apartments,
commercial establishments, business establishments and industries and located on
the premises served
NR 502.06 No language change, but electronic devices no longer meet the transportation
license exemption for “salvageable materials”
NR 502.07 Ensure electronics drop-off and transfer facilities are included in exemptions from
licensing; still need to meet basic requirements
NR 502.08 Clarify the electronics recyclers do not qualify for scrap metal processing license
exemption, exempt very small electronics recyclers and collectors that do limited
hand sorting from processing licenses requirements, require electronics recycling
facilities to obtain solid waste processing license
NR 520 Ensure existing OFR requirements cover electronics recycling facilities
NR 530 New chapter implementing E-Cycle WisconsinProposed definitions
“Electronic device” means a device that requires electric current or
electromagnetic fields to function and that contains a circuit board.
“Electronic device” does not include a major appliance or a motor
vehicle.
“Salvageable material" means junk cars, machinery or equipment,
scrap metal or other junk or scrap materials which are of further
usefulness mainly as a raw material for reprocessing, or as imperfect
stock from which replacement or spare parts can be extracted.
“Salvageable material” does not include electronic devices.
“Electronics recycling facility” means a solid waste processing facility
that accepts electronic devices or components derived from electronic
devices for the purpose of electronics recycling.Proposed definitions
“Electronics recycling” means processing electronic devices
intended for use in manufacturing processes or for recovery of
usable materials, and includes processing electronic devices or
components derived from electronic devices by disassembling,
baling, crushing, grinding, and shredding. “Electronics
recycling” does not include any of the following:
Destruction by incineration or other processes.
Land disposal of recyclable materials.
Reuse, repair, or any other process through which electronic
devices are returned for use in their original form.
Removal of an electronic device from another device, such
as from a major appliance or motor vehicle.
Hand disassembly of electronic devices in an educational
setting for educational purposes.
Hand disassembly of a waste electronic device generated
by a household on the property where it is generated.Facilities that would
need a solid waste
processing license
Registered E-Cycle
Wisconsin recyclers
Registered E-Cycle
Wisconsin collectors that
disassemble some
electronics
Other facilities that
disassemble, bale, crush,
grind or shred electronic
devices or componentsActivities/facilities that would be exempt from processing license requirement Reuse, repair, or other process through which electronic devices returned for use in their original form Removal of an electronic device from another device, such as from a major appliance or motor vehicle Hand disassembly in an educational setting for educational purposes Hand disassembly of a household’s own electronic devices Electronics recycling facilities that recycle fewer than 25 devices a year Collection sites or other facilities that only hand sort and package electronic devices for shipping to electronics recycling facility without engaging in additional electronics recycling activities.
Steps to obtain solid waste processing
license
For new/expanded facilities, apply for and
receive DNR initial site inspection
(one-time $550 fee)
Submit plan of operation (form provided
by the DNR) and owner financial
responsibility documents (fee waived)
Complete license application (renewed
annually, fee waived)License for
transporting e-waste
Those transporting loads of
electronic devices from collection
points to consolidation or
recycling facilities would no
longer be exempt from
requirement for trucks to have a
DNR solid waste collection and
transportation (C&T) license
Many collectors may already have
C&T licenses, but collectors and
recyclers transport electronics
and don’t have a license would
need to get one for each truck
Annual license fee: $110 for first
truck, $33 for each additional
truck based at same facilityCollection site requirements
Compliant facilities are exempt from need to get solid waste
storage or transfer facility license
Need to meet some basic environmental and operational standards
Cannot harm surface water, wetlands, groundwater or endangered species or cause air
pollution outside of established limits
Recycling facilities must be clearly labeled and maintained in a nuisance-free manner.
Area must be kept clean and free of litter
Containers must be leak-proof, adequate to prevent breakage, and made of material
that will remain structurally sound while electronics are stored
Containers holding electronic devices must be removed or emptied at least once/year
Electronics and other solid waste cannot be burned, and site must have effective
means to control fires
Maintain an all-weather access road and parking area.
In most cases, sites should already be meeting these.Comments/Feedback Use Chat Raise hand
New ch. NR 530: E-Cycle Wisconsin implementation
Summary of rule
Most language reflects existing practices and guidance,
clarifying or providing additional detail for statutory
language governing registration, reporting, and DNR’s
administration of the program
Don’t have authority to reduce manufacturer registration
fees for small manufacturers—must be done through
legislation
New/additional requirements outlined on next slidesCriteria for when materials are “recyclable”
S. 287.17(1)(m) defines recycling as
preparing eligible electronic devices
for use in manufacturing processes or Potential criteria
for recovery of usable materials and Current end markets for the
delivering the materials for use. material
The efforts registered recyclers
“Recycling" does not include are making to separate
destruction by incineration or other recyclable from non-recyclable
processes or land disposal of material
recyclable materials and does not What percentage, by weight, of
a device the material represents
include reuse, repair, or any other
process through which eligible Whether the material is
hazardous
electronic devices are returned for use
by households or schools in their Other?
original form.Requirements for registered recyclers
On annual registration, list all facilities where they process or store
eligible electronics (currently, only required to list facilities where
they recycle eligible electronics) and maintain owner financial
responsibility for any storage facilities, in addition to current
requirement for recycling facilities.
In-state registered recyclers subject to the solid waste processing
license requirement and must follow OFR requirements in ch. NR 520.
To ensure a level playing field with in-state recyclers, more specific
requirements for out-of-state registered recyclers’ OFR, including
naming independent third party as the beneficiary or obligee,
estimating costs based on independent third party performing the
work, and notifying the DNR of OFR changes or cancelation in a timely
manner.Requirements for electronics retailers
Sales Customer outreach
If a brand of covered electronics is not Include information on receipts for
registered, retailer must remove it covered electronics about the
from shelves in a brick-and-mortar electronics disposal bans and how
store, and either remove it from its to recycle eligible electronics. This
online store or block sales to could include linking to the DNR’s
Wisconsin households and schools. website.
(Consistent with how DNR has In brick-and-mortar stores, this
enforced the law to date.) information would also need to be
posted in either the store’s
electronics section or by registers.Comments/Feedback Use Chat Raise hand
Next steps
Provide comments to Sarah Murray
at sarah.murray@Wisconsin.gov by
Dec. 23
Rule language continues to be
developed
Economic impact comment period
and rule language available in
early 2021
Public hearing on rule language
expected mid-2021Do the proposals for exemptions from
the electronics recycling definition
and solid waste processing license
requirement make sense?
Key Which criteria should we use to
determine which materials are
considered “recyclable” under E-Cycle
questions Wisconsin?
Any other questions or concerns?Rulemaking timeline (estimated)
Dec. 2019 Dec. 2020 June 2021 Oct. 2021 – Mar.
2022
Natural Resources Public feedback Public hearing and Approval by Governor
Board approval to begin meeting on rule comment period on and Legislature
drafting rules concepts draft rules
Public comment on
Rule-writing process economic impact Adoption by Natural Rules become
begins statement Resources Board effective
Jan. 2020 Mar. 2021 Sep. 2021 June 2022Thank you!
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