While most electronics recyclers agree, at
least in principle, that a federal recycling program is
preferable to the current patchwork of state-mandated and
company-run programs, there are differing opinions on whether
federal legislation will ever be enacted and, if so, how a
federal program would work in practice.
"It is confusing the way it is now," Bob
Erie, chief executive officer of E-World Recyclers LLC, Vista,
Amanda Hale, vice president of marketing at
Sims Recycling Solutions, West Chicago, Ill., agrees. "A
federal program is badly needed. I don't think that there is
any other long-term, viable, sustainable choice. But while I'm
hopeful that it will eventually happen, it will be a long road,
a long struggle, before it does." In the meantime, the states
and electronics manufacturers will continue "to do their own
A waiting game might not be all that bad,
according to David Kutoff, president and chief executive
officer of Materials Processing Corp., Eagan, Minn. "Our main
interest is that electronic equipment does not go to the
landfill and that it is handled properly. We have no problem if
states feel that they need to enact electronic recycling laws
until the federal government gets its act together," he said.
When electronic equipment is landfilled, "you throw out natural
resources that you can't ever get back."
"Probably less than 25 percent of electronic
equipment is recycled now," said Joe Clayton, director of sales
for Synergy Recycling LLC, Mayodan, N.C. Clayton believes that
a federal law banning electronic equipment from landfills
should be passed even if a federal electronics recycling
program isn't set up, as should legislation that would result
in one set of rules detailing what can or can't be
"Some people will continue to throw out
electronic equipment they are no longer using unless there is a
landfill ban," Clayton said. "I think consumers want to be
responsible, but the problem is that in many areas of the
country recycling options (and information about the options
available) are limited."
Hale noted that already 14 states (plus New
York City) have passed electronics recycling legislation and
about 13 more are currently working on doing so. "While there
are certain similarities state to state, there are also a
number of inconsistencies, a number of differences," she said.
"That makes it difficult for both electronics producers and
recyclers to comply with all these programs."
It is very difficult for recyclers when they
do business in several states that have rules that aren't
compatible, Erie said. For example, in some states, like
Nevada, end-of-life electronics are considered hazardous waste,
while other states, like California, label it as universal
waste. This can be very problematic, he said, given that most
California processors aren't certified hazardous waste
facilities "so we can't unload anything classified (in another
state) as hazardous waste and recycle it here. What we need to
do is send it back, have it reclassified as a non-working
device or commodity and then repurchase it-often for $1-since
if it isn't classified as waste by the generator it isn't
hazardous waste (in California)."
This type of scenario, which seems to be
routine throughout the United States, results in delays in the
recycling of electronic devices. "And the delays will continue
as long as there is no alignment of rules state by state," Erie
But the development of a national program is
going very, very slowly, Hale said. While the Congressional
E-Waste Working Group has released a concept paper, it is just
an outline. "They haven't drafted any legislation yet and I'm
not sure how fast they will move on that," she said.
"There are a number of issues that people
need to get their arms around" before such legislation can be
passed, Kutoff said. One major question is how to implement a
federal program so that it satisfies the needs of all the
states that have already established mandates of their own.
"One problem is that even if there is a federal program, the
states don't need to follow it if they have more-stringent
requirements," he said. This could mean that companies will
still have to follow several sets of rules.
Another key question centers on how the
export of scrapped electronic equipment will be handled, Erie
said. "Some people are dead set against exporting waste.
However, most producers have moved manufacturing to other areas
of the world, including China and elsewhere in Asia, to lower
their costs. We want to disassemble electronics equipment and
send components to the manufacturers so that they can use the
materials we collect to make new products."
"I don't think that we will ever see federal
legislation governing the entire electronics recycling
operation," Clayton said. "There could be legislation for
certain parts or components, but not the whole thing."
Erie doesn't necessarily share that view,
noting that federal regulation of certain aspects of the
process is already occurring. "There are currently certain
federal guidelines governing the recycling of cathode ray tubes
(CRTs), and work on a federal responsible recycling, or R2,
code for electronic products has just started field testing,"
he said. "I'm confident that there eventually will be a
national program with one set of standards. I think that will
happen when manufacturers take a more active role than in the
past." This is already starting to occur with a number of
electronics producer-based programs, some of which are
expanding nationwide, at least for the products they