California E-Waste Updates:
March 17, 2006

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:

PROPOSED REGULATIONS TO BE NOTICED MARCH 24, 2006, STARTING A 45-DAY COMMENT PERIOD

REMINDER TO COLLECTORS: MAKE SURE DESIGNATIONS ARE COMPLIANT AND SOURCE-ANONYMOUS CEWS ARE SEPARATELY TRACKED

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#### Proposed Regulations to Be Noticed March 24, 2006, Starting a 45-Day Comment Period ####

To implement the certain provisions of the Electronic Waste Recycling Act of 2003 (Act), the Integrated Waste Management Board (CIWMB) has proposed final regulations which apply to covered electronic waste (CEW). The proposed regulations were discussed at the CIWMB's Sustainability and Market Development Committee meeting on February 7, 2006, where direction was given to proceed with formal noticing.

PROPOSED REGULATORY ACTION
The California Integrated Waste Management Board (CIWMB) proposes to modify and finalize existing emergency regulations pertaining to the implementation of the Electronic Waste Recycling Act of 2003 (The Act), Title 14, California Code of Regulations (14 CCR), Division 7, Chapter 802, Article 1, commencing with section 18660.5.

The proposed regulations are intended to establish final regulations for the implementation of the Electronic Waste Recycling Act of 2003. The existing emergency regulations, which have been in effect since December 2004, will expire on December 13, 2006.

WRITTEN COMMENT PERIOD
Any interested person, or his or her authorized representative, may submit written comments relevant to the proposed regulations to the CIWMB. The written comment period for this rulemaking ends at 5:00 p.m. on May 8, 2006. The CIWMB will also accept written comments during the public hearing described below. Please submit your written comments to:

Alan Glabe
California Integrated Waste Management Board
Waste Prevention and Market Development Division
P.O. Box 4025
Sacramento, CA 95812-4025
FAX: (916) 319-7448
e-mail: ewaste@calepa.ca.gov

PUBLIC HEARING
CIWMB staff will conduct a public hearing at the Joe Serna, Jr. Cal/EPA Building, 2nd Floor Coastal Hearing Room, 1001 I Street, Sacramento, CA on May 9, 2006. The hearing will begin at 10:00 a.m. and conclude after all testimony is given. The CIWMB requests that persons who make oral comments at the hearing also submit a written copy of their testimony at the hearing. The Coastal Hearing Room is wheelchair accessible.

More information about the proposed regulations and the process of formal rulemaking can be found through the CIWMB's Rulemaking website:
http://www.ciwmb.ca.gov/rulemaking/EWaste/default.htm

More information on the CIWMB's Board and Committee meetings can be found at:
http://www.ciwmb.ca.gov/Agendas/

#### Reminder to Collectors: Make Sure Designations Are Compliant and Source-Anonymous CEWs Are Separately Tracked ####

Existing revised emergency regulations, effective December 5, 2005, established new standards for operating as a designated approved collector of CEW on behalf of a local government. The revised regulations also established allowances and standards for the collection of source-anonymous CEW. Approved collectors must ensure that they are in compliance with these new requirements so that recovered CEW is eligible for payment.

Revised emergency regulations allow approved collectors that were designated as agents by local governments prior to the effective date of the revision to continue using past documentation for a limited period while transitioning to the new standards of being a designated approved collector.

Specifically, the regulations state:

<18660.5(a)(29)(G) If, after January 1, 2005, and before the effective date of this regulation, a designated approved collector has secured a document from a local government that does not meet the definition of a proof of designation as specified in this Section, such document may be used by a designated approved collector to comply with applicable requirements of this Chapter through March 31, 2006.>

All approved collectors that wish to continue operating under a designation are urged make sure that they have secured a compliant proof of designation by March 31, 2006. A courtesy proof of designation from is available from the CIWMB at:
http://www.ciwmb.ca.gov/Electronics/Act2003/Recovery/Application/

The form is marked DRAFT, but can be used as is.

The revised emergency regulations also provide for the collection of source-anonymous CEWs under specific circumstances and establish standards of documentation for this activity. Most notable is the requirement that all source-anonymous CEWs must be tracked separately from other CEWs collected, even if the approved collector is a local government or designated approved collector that might otherwise enjoy source name and address immunity.

Certain applicable portions of the regulations are presented here for reference:

<18660.6 (c)(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.>

.and.

<18660.20 (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)(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.>

.and.

<18660.21(l) In addition to the general record keeping requirements in Section 18660.8 of this Chapter, an approved recycler shall maintain the following records:
(2) Records of CEW transfers, including all documentation received from an approved collector as specified in Section 18660.20(h), and recovery payments made to approved collectors, including signed and dated receipts showing the weight of CEWs transferred.
(B) The approved recycler shall record separately the quantity of source-anonymous CEWs transferred from an approved collector.>

The existing emergency regulations are available in their entirety through the CIWMB's website, and all program participants are encouraged to re-familiarize themselves with applicable provisions:
http://www.ciwmb.ca.gov/Electronics/Act2003/Regulations/Emergency/Default.htm

The CIWMB provides a special collection log form (198-SA) for use by collectors to comply with the requirements of documenting source-anonymous CEW. That form, which is marked DRAFT but may be used as is, can be found along with other useful forms and documents at:
http://www.ciwmb.ca.gov/Electronics/Act2003/Recovery/Application/

Finally, from all of us in the CEW program at the CIWMB, a St. Patrick's Day blessing:

May the road rise to meet you,
May the wind be always at your back,
May the sun shine warm upon your face,
May the rains not fall on your days of collection and, until we meet again,
May you always have complete source documentation.

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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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