Do research to learn of any proposed or pending legislation intended to close some of the gaps in current federal law.

Do research to learn of any proposed or pending legislation intended to close some of the gaps in current federal law.

April 4, 2022
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Case 2: E-Waste—An Important Global Environmental and Health Issue

E-waste describes discarded electronic and IT devices destined for reuse, resale, salvage, recycling, or disposal. Over 46 million tons of e-waste are produced globally each year, and the toxic and complex minerals contained in e-waste can harm people’s health and the environment when absorbed into the soil or water. Improper processing of e-waste (whether it is recycled or destroyed) can lead to adverse human health effects and environmental pollution.

There is money to be made in recycling e-waste to recover precious metals. For example, by recycling one million cell phones, a company can recover 50 pounds of gold, 550 pounds of silver, 20 pounds of palladium, and 20,000 pounds of copper—for a total value of $2.5 million.

Between 50 percent and 80 percent of the world’s e-waste is shipped to sites in China, India, Pakistan, the Philippines, and Vietnam—places where recycling is often not managed in an environmentally sound manner. Emissions from these recycling sites damage human health and the environment. For example, residents of Guiyuan agglomerate of four adjoined villages in Guangdong Province, China, that is widely perceived as the largest e-waste recycling site in the world—experience high rates of digestive, neurological, respiratory, and bone problems. In fact, some 80 percent of Guiyu’s children experience respiratory ailments and are considered to be at high risk of lead poisoning. Above-average miscarriage rates are also reported in the region. Wind disperses particles released by open-air burning from this site across the Pearl River Delta Region, which has a population of 45 million people, enabling toxic chemicals from e-waste to enter the soil-crop-food pathway.

The Resource Conservation and Recovery Act (RCRA) gives the U.S. Environmental Protection Agency the authority to control hazardous waste, including the generation, transportation, treatment, storage, and disposal of such waste. The RCRA regulations are contained in title 40 of the Code of Federal Regulations (CFR) parts 239 through 282. However, due to various federal exemptions, it’s legal to export almost all e-waste from the United States to developing countries provided a company obtain the country’s consent to do so. The EPA even has a”prior informed consent” process for this purpose.

The United States is the only nation in the developed world that has not yet ratified the Basel Convention on hazardous waste. This is an international treaty designed to reduce the movement of hazardous waste between nations, and specifically to prevent transfer of hazardous waste from developed to less developed countries. Because the United States has signed but not yet ratified the Basel Convention, it is technically free to ship its e-waste abroad. However, some of the countries accepting much of the e-waste from the United States, such as China and Ghana, are actually forbidden from importing such trash because they have ratified the treaty.

Dell Inc. is a multinational computer technology company and is a subsidiary of Dell Technologies, a large technology company with some 138,000 employees. Dell manufactures, sells, repairs, and supports computer peripherals, data storage devices, network switches, personal computers, and servers.

Dell Reconnect is a partnership with Goodwill that began in 2004 with the goal of offering free and responsible computer recycling. Its participants can take their used computer equipment—of any brand and in any condition—and drop them off at one of more than 2,000 participating Goodwill locations. There the staff will examine each piece of equipment to determine whether to reuse, refurbish, or recycle it. Reuse means that the device is in good working order and can be resold after being cleaned and tested by technicians. Refurbish means that a device must be upgraded or repaired before resale. Equipment that cannot be reused or refurbished is broken down securely and recycled responsibly, through Dell, so that their valuable materials can be captured and put into new products.

Dell has collected more than 6.6 million tons of e-waste since 2007—through its Reconnect program as well as through its Asset Resale and Recycling Services program for business customers. Dell’s partnership with Goodwill also funds the nonprofit’s work, which is focused on job

creation and skills training for people facing challenges in finding employment. In addition, the reused and refurbished equipment, which is sold through Goodwill stores, provides many families with the ability to buy computer products at an affordable price.

In 2009, Dell became the first in the IT industry to ban the export of nonworking electronics and e-waste to developing countries by its employees and business partners. Dell does not permit e-waste to be exported from developed countries (member countries in the Organisation for Economic Co-Operation and Development or the European Union) to developing (non- OECD/EU) countries, either directly or through intermediaries.

A two-year study by the Basel Action Network (BAN), a Seattle-based environmental watchdog organization, involved placing GPS tracking devices into 200 pieces of electronic equipment destined for recycling and then tracking their whereabouts. The researchers found that instead of being recycled in the United States, roughly one-third of these devices were exported overseas. Of the 28 electronics BAN dropped off with Dell Reconnect, six went abroad—to mainland China, Hong Kong, Taiwan, and Thailand. By some definitions, each of these countries could be classified as developing.

Both Goodwill and Dell have strong reputations for social and environmental responsibility. Their joint Dell Reconnect program is based on good intentions; however, it appears that tougher policies with greater due diligence and transparency are needed when it comes to e-waste management.

Critical Thinking Questions

3. Do research to learn of any proposed or pending legislation intended to close some of the gaps in current federal law. Write a brief summary of your findings.

Sources: “Basel Convention Overview,” United Nations Environment Programme, www.basel.int/Implementation/Ewaste/Overview (accessed May 24, 2017); Lucy McAllister, “The Human and Environmental Effects of E-Waste,” Population Reference Bureau, April 2013, www.prb.org/Publications/Articles/2013/e-waste.aspx; “Basic Information on the Resource Conservation and Recovery Act (RCRA) Export and Import Requirements,” United States Environmental Protection Agency, https://www.epa.gov/hwgenerators/basic-information-resource-conservation-and-recovery-act-rcra-export-and-import (accessed May 28, 2017); Andrew Deck, “The Dell Reconnect Program Provides Solutions to E-waste,” Dell, Inc., March 13, 2016, https://blog.dell.com/en-us/the-dell-reconnect-program-provides-solutions-to-e-waste/; Jessica Lyons Hardcastle, “Dell Investigating E-Waste Management Following Watchdog Group’s Misconduct Claims,” Environmental Leader, May 11, 2016, https://www.environmentalleader.com/2016/05/dell-investigating-its-e-waste-management-following-watchdog-groups-claims-of-misconduct/; “Current Member Spotlight: Electronic Recyclers International (ERI),” https://nerc.org/advisory-members/member-spotlight/2015/03/electronic-recycling-international-(eri)(accessed May 25, 2017); Ken Christensen and Katie Campbell, “The US Is Still Dumping Some of Its Toxic e-Waste Overseas,” PRI, June 2, 2016, https://www.pri.org/stories/2016-06-02/us-still-dumping-some-its-toxic-e-waste-overseas; “Recycling Your Dell— Responsible Recycling: Dell Bans E-Waste Exports,” Dell Inc., www.dell.com/learn/al/en/alcorp1/corp-comm/e-waste (accessed May 26, 2017); “Federal Legislation and Policy on E-Waste,” Electronics TakeBack Coalition, www.electronicstakeback.com/promote-good-laws/federal-legislation/; Tom Risen, “America’s Toxic Electronic Waste Trade,” U.S. News & World Report, April 22, 2016, https://www.usnews.com/news/articles/2016-04-22/the-rising-cost-of-recycling-not-exporting-electronic-waste.

Answer and ExplanationSolution by a verified expert

Explanation
Congress has not acted to stop the global dumping of e-waste

E-waste dumping in Ghana. Photo by Basel Action Network

For the last 2 sessions, members of Congress have introduced a bill called the Responsible Electronics Recycling Act (RERA), which would make it illegal to send toxic e-waste from the U.S. to developing nations. (The most recent version was HR 2791.) Despite bipartisan support in the House, the subcommittee chair would not schedule the bill for a hearing. This bill has not been reintroduced in the 114th Congress.

The bill was supported by environmental groups as well as electronic manufacturers (Dell, HP, Samsung, Apple, and Best Buy), all of which already have policies that prohibit the export of e-waste to developing nations. It ws also supported by a recycling business coalition, called the Coalition for American Electronics Recycling (CAER).

This approach is consistent with the policy most other developed nations have adopted via international treaties - the Basel Convention and Basel Ban Amendment. Enforcement: The bill creates a licensing process for companies seeking to export covered electronic products. Violation of the bill can result in criminal penalties. Companies violating the law will be posted on a public registry of violators. Other Definitions Developing nations: Countries which are not members of the Organization for Economic Cooperation and Development (OECD) or the European Union; or Liechtenstein (which is not a member of either). This definition is consistent with that used in international treaties, such as the Basel Convention Critical Minerals and Rare Earth Elements Recycling Research Initiative The bill establishes a research initiative to better understand why many of the critical minerals and Rare Earth Elements used in electronics are not being recovered during recycling, and what could help increase their recovery volumes.

Answer
Federal E-Waste Laws

Wastes, including electronic waste, are subject to the federal Resource Conservation and Recovery Act (RCRA). Some electronic wastes - like cathode ray tube (CRT) TVs and monitors are classified as hazardous waste in the U.S. because of the hazardous materials inside. But if certain electronic wastes (CRTs, whole used circuit boards, shredded circuit boards) are sent for recycling, EPA rules sometimes exempt these from their definition of hazardous waste.

Because of the federal exemptions, it's legal to export almost all electronic waste from the U.S. to developing countries. RCRA says you can't sent hazardous waste to developing countries without their consent, and the EPA has a "prior informed consent" process for this purpose. But because the EPA has enacted rules that exempt these various kinds of e-waste from the definition of hazardous waste, the export rules no longer apply to these products if they are being exported "for recycling." The only law that currently restricts e-waste exports in any way is the federal CRT Rule. Note that the 2014 changes in the CRT rule go into effect as of Dec. 26, 2014.

The EPA's website on e-waste regulation is here.

Note that many states have enacted waste laws that are stricter than the federal laws. Also, because there is no federal law on electronics recycling, many states have passed e-waste recycling laws.

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