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Listed below are comments received from stakeholders relating to the
issue area of Scope and Definitions. Comments are received through
stakeholder meetings and correspondence. Due to transcription and/or space
limitations, the following may be paraphrased from the original comment
received.
Comments/Questions (received as of March 17, 2004)
- How quickly will we (manufacturers) get an interpretation about what
products are covered? How do we notify the retailer if we don’t have the
interpretation? What do we need to do by April 1?
- By Feb 04 for small quantity generators, anything with a plug is covered.
How will SB 20 be a framework to deal with universal waste by Feb. 04--non-CRTs?
- Would we (local govt./landfill operator) be a recycler as well as a
collector? Only for SB 20
- Hate to see local agencies impacted by such a narrow definition of 4-
inch screen with universal waste requirements coming down the line. We need
to keep it clear and limit to electronic devices.
- On behalf of manufacturers, want to create a financing mechanism so that
we can know what our role is and what we need to do. Want to communicate
with consumers and retailers. Want more meetings so we can figure this out
together. Need to keep scope of products as clear as possible. Financing
mechanism not waste management.
- What is the intent of the bill? I believe it was for TVs and computers
not flat panels. We need to be clear. Not sure if this includes a laptop.
Would this also mean palm pilots?
- This leaves you open to copiers – anything with a flat panel. Could
include huge machines with tiny flat screens.
- Not sure how DTSC could make a distinction between the screen on the
device and the device? The device is either hazardous or it’s not--not just
because of the screen would it be hazardous. May need clarifying legislation--Jan. 1
- All devices should be included
- Determine as soon as possible the number of units to be included in
the program, if for no other reason than for budgetary concerns.
- Determine the size and type of units to be charged the "waste
collection fee".
- Determine who can participate in the program by developing criteria
for identification as an authorized collector or e-waste recycler.
- [Regarding] the definition of "covered electronic device"
under 42463 (f) (2)—What is the current thinking about your interpretation and
how is it aligned with the definition in 42463 (f) (1)? What to do with aftermarket products? Do they
apply?
- Assuming characterizing the entire unit as one, would that unit then be
reclassified out of the universal waste category or would it lapse into the
CRT standards? Assuming the whole unit is regulated, what would occur is
this unit is broken up into two pieces, how would it be handled?
- We (environmental organization) support the broadest definition possible
of covered devices. We want to ensure that flat panel/flat screen devices
are included and support interpretation that determines entire device is
covered, not just screen.
- The Electronic Waste Recycling Act is intended to build and fund
infrastructure to manage covered electronic waste from households not
businesses. To keep stockpiles of covered electronics from business
sources out of the new system please consider tagging retail devices
different from wholesale devices or vice versa. It is not illegal for
businesses to give or sell their devices to employees as
gifts--transferring them from a business into a household. Although
these devices were not purchased retail, and were not subject to the
recycling fee there is risk that these devices could flood the system
and result in financial shortfalls. To avoid this possibility please
take actions such as a tagging program.
- RCRA states that it is the waste generators responsibility to
determine if its waste is hazardous. However 42463 defines a "Covered
electronic device" as a: cathode ray tube, cathode ray tube device,
flat panel screen, or any other similar video display device with a
screen size that is greater than four inches in size measured diagonally
and which the department determines, when discarded or disposed, would
be a hazardous waste pursuant to Chapter 6.5 (commencing with Section
25100) of Division 20 of the Health and Safety Code. Does the
department automatically determine these devices to be hazardous waste
if the generator tests the waste and finds that it has a toxicity
characteristic (TCLP exceeds the allowable threshold)? Is the generator
relieved of its responsibility to test its waste?
- The CIWMB and the DTSC need to clarify whether or not local governments may charge a fee for collecting the items that will be defined as covered electronic devices.
[conflict between 42472 (a) and 42472 (b)] (Santa Barbara Co.)
- We would interpret section 42477 (financial provisions) to mean that local governments would only be eligible for payments if they did not charge for the items defined as covered electronic devices. If they did charge for such electronic devices, then they would not be eligible to receive these payments. The CIWMB and DTSC need to clarify this issue.
- As SB 20 provisions clearly do not contemplate the inclusion of
appliances within its scope, it is wholly inappropriate for Cal/EPA to
draft regulations that identify home appliances as covered electronic
devices. (Association of Home Appliance Manufacturers).
- Are refurbished products included? Need to define refurbished vs. new.
- Are products replaced under warranty or service contract – covered by the law?
- Is the sale of spare parts where the spare part is a monitor covered by the law?
- Where do printed circuit boards, e.g. boards from mainframes and small appliances, wind up?
- I know that the US is converting lead-based solders to non-lead solders, but how about China - from whom we buy most of the potential e-waste? Some of the "non-lead" solders are also very toxic, e.g. indium based. Shouldn't there be someone who investigates what component solder is used in each appliance or PCB?
- What all is included in the definition of "covered electronic device"?
Is the fee aimed at CRT (cathode ray tube) devices only, or does the definition include LCD (liquid crystal display) devices, DLP (digital light process) devices, plasma screen devices?
- U.S. EPA's final rule on CRT's will conditionally exclude the display components of televisions and computer monitors targeted for recycling from federal solid waste regulations as of May 2004. Will this have any bearing on the SB20 rule, in that these devices / components might also be excluded/exempted under it?
- Is a washing machine and a dryer (two separate units) that have touch screens that measure 5" across are deemed Covered Electronic Devices (CEDs)? These are sold to consumers.
Must DTSC first make a determination (as is the case with laptops and desktop monitors) that washing machines with touch sceen panels are CEDs? Or, does each manufacturer have to make its own determination?
Every effort has been made to accurately reflect
stakeholder input. Please direct any corrections or additional comments in
alignment with guidance on the Stakeholder Input page.
Stakeholder Input Page |
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