Electronic Waste (e-waste) is hazardous universal waste material, containing harmful chemicals and precious metals. Items that are often recycled such as LCD and CRT monitors, batteries, and circuit boards contain heavy metals, namely arsenic, lead, lithium, and mercury. Since flatscreen LCDs have fully penetrated the market, toxic CRTs are long gone from most businesses. However, this is still a major concern for consumer e-waste collections and is currently the most common unwanted household material. The leaded glass from these old CRTs remains a major recycling challenge.

Because of the dangers posed by this material to the environment, and to the people whomight come in contact with it, regulation of electronics recycling is critically important. However, with each state having different laws concerning such regulation, and each carrying different strengths and penalties, it can be intimidating and difficult to be sure you’re in compliance.

Federal Regulation

The EPA has defined e-waste as universal waste, a special class of hazardous waste, and requires recyclers to report it. Currently, no Federal e-waste recycling mandate exists. Though many attempts have been made to develop such a law, it has proven challenging to agree on the details about the specifics of the law. One such act introduced in 2011, known as the Responsible Electronics Recycling Act (RERA), which would make the export of electronic waste to developing countries illegal, has been introduced in Congress multiple times over recent years, but has failed to pass. The leader of a House environmental subcommittee is keeping the bill from moving forward, citing the fact that export statistics have not shown legislation of this nature to be necessary, and that it would violate World Trade Organization regulations. Other groups such as the Coalition for American Electronics Recycling (CAER) and e-Stewardssupport the bill.

State Regulation

Currently, over half of the 50 states have established an e-waste law and/or disposal ban, and a few more have proposed similar laws. The included map graphic shows the current status of US recycling legislation by state.

The first state to adopt such a law was California in 2003, creating an electronic waste recycling fee that applies only to monitors and TVs, and which scales up with the size of the viewable screen size for displays. Maine, Maryland, and Washington followed California in 2004, 2005, and 2006, respectively.

By 2011, half of the states in the US had implemented a similar law. Since then more have joined, and enacted laws have been amended, but it seems that momentum has begun to slow down.

Each state has different regulations and requirements. Some only cover certain equipment or e-waste types, some only relate to consumer items, and some include funds for recycling that are derived from taxes or fees. For a business owner with a multi-state presence, it can be incredibly challenging to keep abreast of the differences between states and to know if your recycler is following each state’s set of regulations.

Local Regulation

While there are a few cities across the US that have banned e-waste dumping or enacted similar legislation within states that do not have these sorts of laws in place, these are fairly rare. On the whole, these issues are mostly handled by the state legislature.

Even if your state doesn’t have a program law, disposing of your e-waste through a certified ITAD vendor is the right thing to do for the environment, data security, and your company’s image. No matter which state you live in, Lifespan can help you navigate the ITAD process from start to finish.