California E-Waste Updates:
November 16, 2005

Dear Electronic Product Stakeholder:

This electronic newsletter is an update on the implementation of California's Electronic Waste Recycling Act of 2003. 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:

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#### Revisions to Emergency Regulations Adopted ####

In response to certain challenges within the covered electronic waste (CEW) recovery and recycling payment system, revisions to existing emergency regulations were considered and adopted by the CIWMB at its Board meeting on November 15, 2005. The revised regulations still require approval by the Office of Administrative Law. A copy of the revised regulations, showing additions and deletions, is available at:

http://www.ciwmb.ca.gov/Electronics/Act2003/Regulations/Emergency/Revision1.htm

Purpose of Revisions:

The purpose of the regulatory revision is to address priority challenges identified within the covered electronic waste (CEW) recovery and recycling system. These include:

• The due date for the Net Cost Reports required by 14 CCR 18660.10
• Potential confusion associated with the local government agent provision previously contained in 14 CCR 18660.20(j)(1)(B)
• The handling of source-anonymous CEW, meaning CEW that is likely from a California source but cannot be associated with the default required name and address of the originating generator. Examples of this are load check material and material resulting from illegal disposal clean-up.

Overview of Revisions:

The revisions define, clarify and standardize the requirements associated with being a designated approved collector and the contents of a proof of designation. Such a designation allows an approved collector to provide CEW services on behalf of a local government and be relieved of certain source documentation requirements while performing specified services. The revisions provide for a transition period for existing agent designations. The CIWMB will be developing and making available a standardized letter for use in the designation process.

The revisions also allow properly documented source-anonymous CEWs that result from specified circumstances to be eligible within the payment system. These circumstances include load check activities at a permitted solid waste facility, illegal disposal clean-up activities conducted by an approved collector that is a local government or its designated collector, and illegal disposal at the facility of an approved collector that is a non-profit organization. Among other definitions, the revisions define illegal disposal and load check activity. The CIWMB will be developing and making available collection log forms for the specific purpose of tracking the handling of source-anonymous CEWs.

It must be noted that the payment eligibility for source-anonymous CEWs resulting from qualifying circumstances is not intended to accommodate those CEWs for which required source documentation is simply not secured by the collector.

Finally, the revisions postpone by one month the due date for the net cost report from February 1, 2006, until March 1, 2006.

Please note: These revisions have been adopted by the CIWMB, however existing regulations remain in effect until the Office of Administrative Law approves the revisions. Approval is anticipated by mid-December

Stakeholder Comments and Questions:
Comments and questions can be submitted through e-mail at ewaste@calepa.ca.gov

Interested parties are always encouraged to familiarize themselves with other applicable statutes and associated regulations, accessible via:
http://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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