California E-Waste Updates:
December 9, 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.

=====================
In this issue:

REVISED PAYMENT SYSTEM REGULATIONS APPROVED BY OAL

CIWMB TO HOST GENERAL STAKEHOLDER WORKSHOP ON FINAL REGULATIONS

DTSC TO HOST SECOND UNIVERSAL ELECTRONIC WASTE WORKSHOP

ERECYCLE.ORG -- A RESOURCE TO USE

=====================

#### Revised Payment System Regulations Approved by OAL ####

The California Integrated Waste Management Board (CIWMB) adopted revisions to the emergency regulations governing the covered electronic waste (CEW) recovery and recycling payment system at its regular monthly meeting on November 15, 2005. The Office of Administrative Law (OAL) approved the revised regulation effective December 5, 2005. The approved text is available at:
http://www.ciwmb.ca.gov/Electronics/Act2003/Regulations/Emergency/Revision1.htm

To assist system participants with implementing provisions of the revised regulations, program staff is preparing two new documents. These are:

• A source-anonymous CEW collection log, to be used whenever source-anonymous CEWs are handled.
• A standardized form letter to be used by local governments when designating an approved collector.

These documents will be available through the CIWMB website in the coming days.

Meanwhile, it is imperative that all participating collectors and recyclers in the payment system familiarize themselves with the revised regulations, specifically the circumstances under which the new provisions for source-anonymous CEWs apply. While the revisions should allow for all legitimate CEWs to enter the payment system, certain instances of source-anonymous CEWs must only be handled by specific participants to be eligible, and proper documentation is still required.

It is especially important to note that in all circumstances when source-anonymous CEWs are handled, they must be properly documented as required by regulation 18660.20(j)(1)(d). This is true even if the handler is an approved collector that is a local government, or a designated approved collector, who otherwise is exempted from source name and address documentation. Source anonymous CEWs must be accounted for separately and be documented, per regulation, as follows:

“18660.20 Requirements for an Approved Collector
(j) In addition to the general record keeping requirements in Section 18660.8 of this Chapter, an approved collector shall maintain the following records:
(1) A collection log containing:
(D) When collecting source-anonymous CEWs, all approved collectors shall log this activity separately and provide a brief written description of the activity or incident that resulted in the source-anonymous CEWs, the date and location of the activity or incident, the number and an estimate of the weight of source-anonymous CEWs collected from the location of the activity or incident, and a name, organizational affiliation, address and phone number of a person responsible for the site of the activity or incident.”

All instances of source-anonymous CEWs must be handled according to regulation to be eligible for payment, as follows:

“18660.6 Applicability and Limitations
(c) Limitations on the Sources of CEWs and CEWs eligible for payments:
(3) Source-anonymous CEWs, documented pursuant to Section 18660.20(j)(1)(D) of this Chapter, are eligible for recovery and recycling payments if:
(A) The source-anonymous CEWs result from load check activities as defined in Section 18660.5(a)(21) conducted at permitted solid waste facilities whose operator is an approved collector or, if not an approved collector, the source-anonymous CEWs are directly transferred from the permitted solid waste facility to an approved collector; or
(B) The source-anonymous CEWs result from illegal disposal clean-up activities conducted by an approved collector who is a local government or its designated approved collector; or
(C) The source-anonymous CEWs result from illegal disposal on property owned or managed by an approved collector that is a non-profit or charitable organization as defined in Section 18660.5(a)(25) of this Chapter.”

Links to SB 20 and SB 50 statutory and regulatory language are available through the CIWMB’s website:
http://www.ciwmb.ca.gov/Electronics/RegIssues/

#### CIWMB To Host General Stakeholder Workshop On Final Regulations ####

The CIWMB has schedule a general stakeholder workshop to discuss issues relating to the development of final regulations governing the CEW recovery and recycling payment system. The workshop will be held Thursday, January 5, 2006, at the Cal/EPA Headquarters Building in Sacramento. Save the date, and more information on this event will be available in the coming days.

#### DTSC to Host Second Universal Electronic Waste Workshop ####

The Department of Toxic Substances Control (DTSC) will host another workshop December 15, 2005 to discuss concepts developed to finalize DTSC`s three emergency regulations adopted pursuant to the 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).

The workshop will be held in Sacramento, with a video conferencing connection linked to DTSC’s Cypress office. Please refer to DTSC`s website to access the specific time and location of the workshop, as well as the regulation concept language.

http://www.dtsc.ca.gov/HazardousWaste/EWaste/index.cfm

All interested parties are invited to participate in this public workshop. Please confirm your interest in attending either workshop by sending an e-mail notice indicating which workshop location you will be attending to Shan Yee via email at syee1@dtsc.ca.gov, or by calling (916) 323-9219.

#### eRecycle.org -- A Resource To Use ####

Whether you are a retailer looking for a way to explain the e-waste recycling fee to your customers, a consumer confused about the fee or where to dispose of old electronics, a collector trying to market your services, or a local government with an obligation to educate your residents, eRecycle.org has something for you.

http://www.erecycle.org/

The CIWMB, in partnership with manufacturers and other key stakeholders, established eRecycle.org as a one-stop portal into all things a Californian should know about managing electronic discards. We encourage you to use it and to let us know how we can make it more useful for you and your constituents.

===================================

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.

====================================