California E-Waste Updates:
August 3, 2005

Dear Electronic Product Stakeholder:

This electronic newsletter is an update on the implementation of California's Electronic Waste Recycling Act of 2003, as amended (SB 20, Sher, Chapter 526, Statutes of 2003; SB 50, Sher, Chapter 863, Statutes of 2004). It is being sent to you because you have expressed an interest in the subject of electronic waste (e-waste) management in California.

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In this issue:

JOINT CIWMB/DTSC REGULATORY WORKSHOP AUGUST 23, 2005

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Introduction:
Over 270 covered electronic waste (CEW) collectors have now been approved to participate in California's Covered Electronic Waste Recovery and Recycling Payment System, with 38 of those being dual-entity collector/recyclers.

California Integrated Waste Management Board (CIWMB) staff continues to evaluate the payment claims submitted by approved recyclers for the handling of materials discarded, collected and processed (cancelled) after the January 1, 2005 program kick-off. As of early August, the CIWMB had received approximately $8.1 million in CEW recycling payment claims. Approximately $3.5 million in payments have been approved, with the balance still under evaluation and with more claims arriving each month. An average of 11% of payment has been adjusted out of those claims processed thus far, with the primary deficiency being a lack of required CEW source documentation.

The last issue of this e-mail newsletter (distributed June 10, 2005) provided a lengthy overview of acceptable source documentation for approved collectors that are local governments or agents of local governments. Note that an archive of all past newsletter distributions is available at:
www.ciwmb.ca.gov/Electronics/Act2003/Stakeholder/Updates/

#### Joint CIWMB/DTSC Regulatory Workshop August 23, 2005 ####

Save the date: The CIWMB and the Department of Toxic Substances Control (DTSC) have scheduled a joint workshop f or interested parties regarding emergency regulations and final rulemaking. The date will be Tuesday, August 23, 2005. The time and place will be 9:00 a.m. until approximately 4:00 p.m. at the Cal/EPA Headquarters Building in Sacramento.

As currently scheduled, the CIWMB will conduct a Covered Electronic Waste Payment System Pre-Rulemaking Fact-Finding Workshop from 9:00 a.m. until noon, while the DTSC will conduct a Universal Waste Electronic Device (UWED) Regulation Input Workshop from 1:00 p.m. until 4:00 p.m.

As provided in previous workshops, a general audio "web-cast" is planned, as well as the ability to send e-mail comments during the workshop. A video conferencing connection is also planned with the DTSC office in Southern California (Cypress) to accommodate a limited number of people from that area.

Details:

The CIWMB anticipates beginning this fall the informal rulemaking process to develop the final regulations governing the Electronic Waste Recycling Act's covered electronic waste (CEW) recovery and recycling payment system, with the goal of adopting regulations by the fall of 2006. To kick-off the effort, the CIWMB is holding a "fact-finding" workshop to listen to stakeholders' concerns and ideas regarding the existing emergency regulations that will help inform the CIWMB as it moves ahead with final rulemaking.

Existing emergency regulations governing the payment system can be found at:
http://www.ciwmb.ca.gov/Electronics/RegIssues/

Additional information on the format and agenda for the CIWMB portion of the workshop will be provided in advance of the event at:
http://www.ciwmb.ca.gov/Electronics/Act2003/Workshops/

Meanwhile, DTSC has adopted three emergency regulation packages implementing SB 50. The regulation text may be downloaded from the internet at:
http://165.235.111.242/LawsRegsPolicies/#DTSC_Regulations

DTSC will be finalizing these three emergency regulations in the second half of 2005. DTSC welcomes comments or suggestions for improving the electronic waste regulations at this time. Specifically, DTSC is seeking input on the subject areas listed below. Participants are encouraged to outline any thoughts or comments they may have on these topics for presentation at the workshop.

Subjects to be covered during the DTSC potion of the workshop include:

Scope and Definition of CED

• How can DTSC better clarify which devices are covered electronic devices, [Clarify the list in Appendix X, subsection (c)]?
• What other devices should be included in the SB 50 program?
• Should DTSC terminate the 2006 disposal exemption for LCD-containing CEDs (LCD desktop monitors, Laptop Computers, and LCD televisions) in the final regulations or in Feb. 2006?

Manufacturer Notifications, Fee Levels, Screen Size

• When and how should manufacturers notify retailers?
• What information and what level of detail should be contained in the notification?
• Are retailers actually receiving the notifications from manufacturers?
• Are retailers actually using the notifications from the manufacturers?
• How are retailers determining the appropriate fee ($6, $8 or $10) now?
• How are retailers determining screen size?
• Should DTSC specify the use of one (viewable or actual) screen size or leave it flexible?
• Would it help the retailers if that information were provided in the manufacturer's notifications to the retailers?

Waste Management Standards

• What are the appropriate standards for handling UWEDs and CRT devices?
  - Notification to DTSC
  - Containment
  - Labeling
  - Transportation
  - Export Notice
  - Other
• What are the appropriate standards for recycling UWEDs and CRT devices?
  - Notification to DTSC
  - Containment
  - Labeling
  - FA/FR
  - Transportation
  - Export Notice
  - Other

ID Numbers

• Should Authorized Electronic Waste Collectors be required to obtain HW generator ID numbers?
• Should Authorized Electronic Waste Recyclers be required to obtain HW generator ID numbers?
• Do you support or not support consolidating the CRT Material Handler standards with the UWED handling standards, if that change will require offsite handlers to obtain HW generator ID numbers?

Training

• What elements should be present in an electronic waste recyclers training program?
• What do employees handling electronic waste and CRTs actually need to know?
• Do you support or not support consolidating the Large Quantity Handler and the Small Quantity Handler Standards into one set of standards that would apply to all UWED handlers, if that change will require additional training requirements for all handlers?

Related background documents supporting this event, along with information on workshop registration, will be posted in advance through the CIWMB's website at:
http://www.ciwmb.ca.gov/Electronics/Act2003/Workshops/

You heard it here first: All Covered Electronic Waste Recovery and Recycling Payment System participants, stakeholders and interested parties MUST take the necessary time to read and understand both the statute and regulations that govern the CEW recovery and recycling payment system. Failure to do so may lead to costly mistakes resulting in claim payment delays, adjustments and/or denials. Both statute and regulations can be accessed through the CIWMB website at:
www.ciwmb.ca.gov/Electronics/RegIssues/

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Please note that e-mail correspondence with the State of California related to e-waste management in general, and SB 20 and SB 50 implementation in particular, should be directed to ewaste@calepa.ca.gov.

Also note that an archive of past distributions is available at:
www.ciwmb.ca.gov/Electronics/Act2003/Stakeholder/Updates/

Thank you for your interest in shaping California's e-waste management future.

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