California E-Waste Updates:
December 17, 2004

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.

NEW DTSC EMERGENCY REGULATIONS ON THE WAY

The Department of Toxic Substances Control (DTSC) adopted new emergency regulations to add Plasma televisions and Liquid Crystal Display (LCD) televisions to the list of common hazardous wastes in Title 22, Chapter 11, Appendix X, subsection (c). The emergency regulations were transmitted to the Office of Administrative Law (OAL) on December 16, 2004 for ten calendar day review. Public comments can be submitted to OAL within the first five days of OAL's ten day review period. Upon approval by OAL, the regulations will be filed with the Secretary of State's office. The effective date of the regulations will be no later than December 28, 2004.

The below text of emergency regulations will be posted on the DTSC website soon:

Appendix X
List of Chemical Names and Common Names for Hazardous Wastes and Hazardous Materials

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(c) This subdivision sets forth a list of electronic wastes that are presumed to be hazardous wastes unless it is determined that the electronic waste is not a hazardous waste pursuant to the procedures set forth in section 66262.11. The hazardous characteristics that serve as a basis for listing the common names of electronic wastes are indicated in the list as follows: (X) toxic, (C) corrosive, (I) ignitable, (R) reactive.
For purposes of Health and Safety Code section 25214.10.1, devices marked with a pound symbol (#) were listed herein on or before July 1, 2004.

# Cathode ray tube containing devices (CRT devices) with CRTs greater than four inches measured diagonally (X)
# Cathode ray tubes (CRTs) greater than four inches measured diagonally (X);
# Computer monitors containing cathode ray tubes greater than four inches measured diagonally (X)
# Laptop computers with liquid crystal display (LCD) screens greater than four inches measured diagonally (X)
# LCD containing desktop monitors greater than four inches measured diagonally (X)
# Televisions containing cathode ray tubes greater than four inches measured diagonally (X)
Televisions containing liquid crystal display (LCD) screens greater than four inches measured diagonally (X) (added December 2004)
Plasma televisions with screens greater than four inches measured diagonally (X) (added December 2004)

Note: Authority cited: Sections 25140, 25141, 25214.9, 25214.10.1 and 25214.10.2, Health and Safety Code; and Sections 42475.1 and 42475.2, Public Resources Code. Reference: Sections 25117, 25140, 25141, and 25214.9, Health and Safety Code; and Section 42463, Public Resources Code.

§66260.201 Classification of an Electronic Device as a Covered Electronic Device

(a) Subsequent to the dates set forth in Health and Safety Code section 25214.10.1, subdivision (d)(1) or (2) as appropriate, an electronic device that is listed in subdivision (c) of Appendix X to Chapter 11 shall be managed as a "covered electronic device" under chapter 8.5 of part 3 of division 30 of the Public Resources Code (section 42460 et seq.) unless the manufacturer of the device has obtained the Department's concurrence that the device is nonhazardous pursuant to subsection (d). Upon issuance of the department's concurrence, the electronic device shall cease to be a covered electronic device. Health and Safety Code section 25214.10.1, subdivision (e)(1) prescribes the date on which the device is no longer subject to management under chapter 8.5.
(b)(1) Each manufacturer of electronic devices sold in the State shall determine if it produces any device(s) of the types listed in subdivision (c) of Appendix X of Chapter 11, and if so, shall send notices to retailers and the Board of Equalization pursuant to Health and Safety Code section 25214.10.1, subdivision (c)(1) and (c)(2). If a manufacturer subsequently distributes any covered electronic device that was not included in the notice, or if a manufacturer did not previously provide a notice, the manufacturer shall notify each retailer to which the manufacturer distributes the covered electronic device(s) at least ten days prior to distributing the covered electronic device(s).
(2) The identification of the covered electronic devices in the notice shall include:
(A) The brand name (or brand names) of each of the covered electronic devices,
(B) A general description of each of the covered electronic devices (e.g., CRT-television, laptop computer, LCD monitor, etc.),
(C) The model number for each of the covered electronic devices, and
(D) The size of the screen or CRT in each of the covered electronic devices.
(c) A manufacturer who incorrectly determines that a product it produces is not a listed device or fails to make a notification pursuant to this subsection is in violation of the requirements of this division.
(d) A manufacturer may determine that it produces an electronic device that is listed in subdivision (c) of Appendix X of Chapter 11 that is nonhazardous and apply to the Department for concurrence with its non-hazardous determination through the procedure set forth in section 66260.200(d).

Note: Authority cited: Sections 25140, 25141 and 25214.9, Health and Safety Code and Sections 42475.1 and 42475.2, Public Resources Code. Reference: Sections 25140, 25141 and 25214.9, Health and Safety Code and Section 42463(f)(1), Public Resources Code.

NEW REPORT AVAILABLE FROM DTSC

A new report regarding the nature of certain discarded electronic devices has been posted by DTSC on its website. "Determination of Regulated Elements in Discarded Laptop Computers, LCD Monitors, Plasma TVs and LCD TVs" can be found at:
http://www.dtsc.ca.gov/HazardousWaste/EWaste/

NEW WEB PORTAL FOR CALIFORNIA E-WASTE INFORMATION

The California Integrated Waste Management Board (CIWMB), in coordination with DTSC and a number of private sponsors and partners, has established a new user-friendly website that will serve as the main information portal for electronic waste stakeholders ranging from manufacturers and retailers to consumers and recyclers. Check it out at:
http://www.eRecycle.org/

LIST OF APPROVED COLLECTORS AND RECYCLERS NOW AVAILABLE

The CIWMB has posted a growing list of covered electronic waste collectors and recyclers that have secured approval (effective January 1, 2005) to participate in the recovery and recycling payments system. The list, presented alphabetically, is intended to be used by those seeking to establish business relationships and will expand as more prospective participants' applications are processed.

Please note that the CIWMB, in cooperation with DTSC, is processing a large backlog of applications and expects several more recyclers and scores more collectors to be approved in the coming days and weeks. Program staff extend a special message of appreciation to prospective participants who have submitted an application for approval to the CIWMB, as well as any required notification of intent to handle and/or recycle to DTSC: Thank you for your patience.

The list can be found at:
www.ciwmb.ca.gov/Electronics/Act2003/Recovery/Approved/

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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, and not via a reply to this message.

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.