1.This Act may be cited as the
Responsible Electronics Recycling
Act
.
2.Electronic waste
export restrictions
(a)Subtitle
C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) is amended by adding
at the end the following new section:
3024.Electronic
waste export restrictions
(a)Beginning on the date that is 24 months after the date of
enactment of this section, no person shall export restricted electronic waste
to a country described in subsection (e).
(b)Definitions;
rule of constructionFor purposes of this section:
(1)The term consignee means the
ultimate repair, refurbishment, treatment, storage, or disposal facility in a
receiving country to which restricted electronic waste will be sent.
(2)Covered
electronic equipment
(A)The term
covered electronic equipment means the following used items, whole
or in fragments, including parts, components, or assemblies thereof:
(i)Computers.
(ii)Central
processing units.
(iii)Mobile computers
(including notebooks, netbooks, tablets, and e-book readers).
(iv)Computer
accessories (including input devices, webcams, speakers, data storage devices,
servers, and monitors).
(v)Televisions
(including portable televisions and portable DVD players).
(vi)Video display
devices (including digital picture frames and portable video devices).
(vii)Digital imaging
devices (including printers, copiers, facsimile machines, image scanners, and
multifunction machines).
(viii)Television
peripheral devices (including video cassette recorders, DVD players, video game
systems, game controllers, signal converter boxes, and cable and satellite
receivers).
(ix)Digital cameras
and projectors.
(x)Digital audio
players.
(xi)Telephones and
electronic communication equipment (including cellular phones and wireless
internet communication devices).
(xii)Networking
devices (including routers, network cards, modems, and hubs).
(xiii)Audio
equipment.
(xiv)Portable video
game systems.
(xv)Personal digital
assistants.
(xvi)Portable global
positioning system navigation devices.
(xvii)Other used
electronic products the Administrator determines to be similar under the
procedures promulgated in accordance with subsection (c).
(B)The
term covered electronic equipment shall not include parts of a
motor vehicle.
(3)Restricted
electronic waste
(A)The term
restricted electronic waste means—
(i)items of covered
electronic equipment, that include, contain, are derived from, or consist
of—
(I)cathode ray tubes
or cathode ray tube glass in any form, or cathode ray tube phosphor residues or
dusts in any form;
(II)a lamp or other
device containing mercury phosphor;
(III)batteries
containing—
- (aa)lead, cadmium, or
mercury; or
- (bb)organic solvents
exhibiting the characteristic of ignitability, as defined in section 261.21 of
title 40, Code of Federal Regulations;
(IV)switches or any
other devices containing mercury;
(V)hexavalent
chromium;
(VI)other than
batteries described in subclause (III), items containing antimony, barium,
cadmium, lead, thallium, beryllium, arsenic, or selenium, including—
- (aa)circuit
boards;
- (bb)printer
drums;
- (cc)liquid crystal
displays;
- (dd)flatscreen glass;
and
- (ee)light emitting
diodes; or
(ii)any other covered
electronic equipment, or materials derived therefrom, containing any other
toxic material, in elemental or compound form, identified by the Administrator
under subsection (c).
(B)The
term restricted electronic waste shall not apply to items
described in this subparagraph.
(i)Covered electronic equipment described in subparagraphs
(A)(i)(VI) and (A)(ii), including separated component streams (such as plastics
or metals), which does not exceed de minimis levels set by the Administrator
under subsection (d).
(ii)Covered
electronic equipment that is—
(I)tested prior to
export pursuant to subsection (i)(1), and found to be—
- (aa)functional for
the purpose for which the equipment was designed, or, in the case of
multifunction devices, fully functional for at least one of the primary
purposes for which the equipment was designed; and
- (bb)appropriately
packaged for shipment to prevent the equipment from losing functionality due to
damage during transit; and
(II)appropriately
labeled or marked pursuant to subsection (i)(3)(A).
(iii)Certain
cathode ray tube glassFurnace-ready cathode ray tube glass
cullet, cleaned of all phosphors, to be used as a direct feedstock in a
lead-glass manufacturing furnace without further processing or preparation
required other than quality control, which the competent authority in the
importing country states in writing is not waste.
(iv)Customer returns, to point of sale, to
original equipment manufacturers, or to contractual warranty collectors, of
recently purchased covered electronic equipment that is either—
(I)under original equipment manufacturer
warranty to customers; or
(II)under warranty from the original design
manufacturer or original component manufacturer to the original equipment
manufacturer, or otherwise returned by the original purchaser of the electronic
equipment, due to defect or customer dissatisfaction, and the manufacturer
accepts such returns for the purposes of repair or replacement in order to
return to the customer a functional working product or part of the same type
and model, except that products and parts covered in this subparagraph shall
not include—
- (aa)covered electronic equipment accepted for
return from individuals or businesses under general takeback, recycling,
trade-in (for purposes of recycling, disposal, sales promotions, or obtaining
credit for product purchases or leases) or buy-back programs, events, or
policies designed to collect used or waste electronic equipment;
- (bb)covered electronic equipment returned at
the end of leases to customers; or
- (cc)covered electronic equipment collected by
asset recovery programs.
(v)Recalls of covered electronic equipment by
an original equipment manufacturer, original design manufacturer, or original
component manufacturer where—
(I)the covered electronic equipment is subject
to recall notice issued by the Consumer Product Safety Commission or other
pertinent Federal authority;
(II)the original design manufacturer or
original component manufacturer requires the defective covered electronic
equipment to be physically returned to that manufacturer as a term of the
warranty; and
(III)any export of recalled covered electronic
equipment is to a country from whose competent authority the Administrator
receives written consent pursuant to subsection (h)(2).
(4)Rule of
construction regarding chemical elementsAny reference to a
chemical element shall be construed to be a reference to that element in
compound or elemental form.
(c)Additional
covered electronic equipment and restricted materialsNot later than 18 months after the date of
enactment of this section, the Administrator shall, after notice and
opportunity for public comment, and after consultation with appropriate Federal
and State agencies, develop and promulgate procedures for identifying—
(1)similar electronic equipment to add to the
list of covered electronic equipment under subsection (b)(2); and
(2)additional restricted toxic materials to
add to the list in subsection (b)(3)(A)(ii), the presence of which in covered
electronic equipment poses a potential hazard to human health or the
environment.
Such
procedures shall include a method for any interested party to propose a new
product or material for review by the Administrator.(d)Not later than 18
months after the date of enactment of this section, the Administrator shall,
after notice and opportunity for public comment, and after consultation with
appropriate Federal and State agencies, develop and promulgate procedures for
identifying de minimis levels for restricted electronic waste described in
subparagraphs (A)(i)(VI) and (A)(ii) of subsection (b)(3), below which such
waste is determined by the Administrator not to pose a potential hazard to
human health or the environment.
(e)Countries to
which prohibition appliesThe countries referred to in subsection
(a) are all countries which are not—
(1)members of the Organization for Economic
Co-operation and Development or the European Union; or
(2)Liechtenstein.
(f)No person shall
export covered electronic equipment described in subsection (b)(3)(B) to a
country described in subsection (e) unless, not later than 60 days before the
initial export shipment, such person transmits to the Administrator written
notice of an intended export. Such a notification may cover export activities
extending over a maximum of 12 months for the same type of covered electronic
equipment, exported to the same facility via the same transit countries. The
notification shall include the following information:
(1)The name, mailing
address, telephone number, and if applicable, the Environmental Protection
Agency or Resource Conservation and Recovery Act identification number.
(2)Documentation of
licensing of the exporter under subsection (g).
(3)The name and site
address of the consignee and any alternate consignee.
(4)A statement from
the exporter that includes—
(A)a description of
the type and total quantity of covered electronic equipment that will be
exported to the consignee;
(B)the estimated
frequency or rate at which such covered electronic equipment is to be exported,
and the period of time over which such covered electronic equipment is to be
exported;
(C)all points of
entry to and departure from each country through which the covered electronic
equipment will pass in transit;
(D)a description of
the means by which each shipment of the covered electronic equipment will be
transported, including the mode of transportation and type or types of
container; and
(E)a description of
the manner in which the covered electronic equipment will be treated, stored,
or disposed of in the receiving country.
(5)A list of all
transit countries through which the covered electronic equipment will be
transported, and a description of the approximate length of time the covered
electronic equipment will remain in each country and the nature of its handling
while there.
(g)Covered electronic equipment may only be
exported to a country described in subsection (e) under the exceptions to
restricted electronic waste in subsection (b)(3)(B) by an entity licensed by
the Administrator under regulations issued under subsection (i)(2).
(h)Additional
export conditions for warranties and recalls
(1)No person shall
export covered electronic equipment to a country described in subsection (e)
under the exceptions to restricted electronic waste in subsections
(b)(3)(B)(iv) or (v) unless—
(A)the export is made by an original equipment
manufacturer or its contractual agent to the original design manufacturer or
original component manufacturer’s site of last assembly, or to a company
contracted to make warranty repairs, for the purposes of business credit to the
original equipment manufacturer, repair or refurbishment and subsequent reuse,
or replacement;
(B)the original equipment manufacturer has a
presence and assets in the United States; and
(C)the person who exports the covered
electronic equipment—
(i)keeps copies of
normal business records, such as contracts, demonstrating that each shipment of
exported covered electronic equipment is intended for repair or refurbishment
and subsequent reuse, or replacement, which documentation shall be retained for
a period of at least 3 years after the date of export; and
(ii)submits an annual
report to the Administrator on the amount and types of waste resulting from the
refurbishment or replacement process, and how it was disposed of or recycled,
which shall include—
(I)number and weight
of units of products returned by the original equipment manufacturer for
repair, refurbishment, or replacement listed by category and country of
destination; and
(II)the covered
electronic equipment, or materials derived therefrom, sent onward to further
reuse, disposal, or recycling following repair, refurbishment, or replacement,
listed by weight, a description of the wastes, and the ultimate country
destination.
(2)Acknowledgment
of consent
(A)No person shall export covered electronic
equipment to a country described in subsection (e) under the exceptions to
restricted electronic waste in subsections (b)(3)(B)(iv) or (v) until the
Administrator—
(i)obtains the written consent of the
competent authority of the receiving country, and of each country through which
the covered electronic equipment will pass in transit; and
(ii)transmits to the exporter an Acknowledgment
of Consent reflecting receipt of each country’s consent.
(B)In cooperation with other appropriate agencies, the
Administrator shall provide notification in writing of an intended export
submitted under subsection (f) to the receiving country and any transit
countries.
(C)Consent and
exporter notificationWhen the receiving country and all transit
countries consent in writing to the receipt or transit of the covered
electronic equipment, the Administrator shall transmit an Acknowledgment of
Consent to the exporter. The consent from a receiving or transit country may be
for a notice of multiple shipments or a specified duration as described in
subsection (f). The exporter shall attach a copy of the Acknowledgment of
Consent to the shipping papers or equivalent documents to ensure that the
Acknowledgment of Consent accompanies the shipment of covered electronic
equipment.
(3)Where the receiving country or a transit country objects
to receipt or transit of the covered electronic equipment, or withdraws a prior
consent, the Administrator shall notify the exporter in writing.
(i)Not later than 18 months after the date of
enactment of this section, the Administrator shall issue regulations for
carrying out this section, including—
(1)testing
requirements for covered electronic equipment proposed to be exported under
subsection (b)(3)(B)(ii);
(2)establishing a
process for licensing entities under subsection (g);
(3)in consultation
with the appropriate Federal agency or agencies, provisions for an efficient
export control regime which will allow for—
(A)requiring a person
exporting under this section to use appropriate labeling or marking,
distinguishing among—
(i)covered electronic
equipment as permitted under this section;
(ii)restricted
electronic waste described in this section; and
(iii)tested working
covered electronic equipment as permitted under this section; and
(B)enforcement
mechanisms, tests, and procedures in coordination with enforcement procedures
administered by other appropriate Federal agencies; and
(4)establishing a
registry of violators, whereby any person or entity found to be exporting
restricted electronic waste in violation of this section shall be listed on a
public registry on a website maintained by the Administrator for a period of 5
years after each violation.
(j)For the purposes of
export to Organization for Economic Co-operation and Development member
countries, circuit boards shall be subject to the Amber Control Procedure as
described in the Organization for Economic Co-operation and Development Control
System for waste
recovery.
.
(b)Table of
contents amendmentThe table
of contents for the Solid Waste Disposal Act is amended by adding after the
item relating to section 3023 the following new item:
Sec 3024. Electronic waste export
restrictions.
.
3.
(a)Section 3008(d) of the Solid Waste Disposal Act (42
U.S.C. 6928(d)) is amended—
(1)by striking or
at the end of
paragraph (6);
(2)by inserting
or
at the end of paragraph (7)(B); and
(3)by inserting after
paragraph (7) the following new paragraph:
(8)knowingly exports restricted electronic
waste in violation of section
3024;
.
(b)Section
3007(a) of the Solid Waste Disposal Act (42 U.S.C. 6927(a)) is amended—
(1)by inserting
or restricted electronic wastes
after or has handled
hazardous wastes
; and
(2)by inserting
or restricted electronic wastes
after or other place
where hazardous wastes
.
4.Rare earth
materials recycling research initiative
(a)In this section:
(1)The term Administrator means
the Administrator of the Environmental Protection Agency.
(2)The term Initiative means the
Rare Earth Materials Recycling Research Initiative established under subsection
(b).
(3)The term rare
earth material means any of the following chemical elements in any
physical form or chemical combination:
(A)Scandium.
(B)Yttrium.
(C)Lanthanum.
(D)Cerium.
(E)Praseodymium.
(F)Neodymium.
(G)Promethium.
(H)Samarium.
(I)Europium.
(J)Gadolinium.
(K)Terbium.
(L)Dysprosium.
(M)Holmium.
(N)Erbium.
(O)Thulium.
(P)Ytterbium.
(Q)Lutetium.
(R)Other elements
identified by the Secretary as rare or in critical supply.
(4)The
term Secretary means the Secretary of Energy.
(b)Not later than 120 days after the date of
enactment of this Act, the Secretary, in consultation with the Administrator
and the heads of other appropriate Federal agencies, shall establish the Rare
Earth Materials Recycling Research Initiative to assist in and coordinate the
development of research in the recycling of rare earth materials found in
electronic devices.
(c)Under the Initiative, the Secretary shall
establish a competitive research application program under which the Secretary
shall provide grants to applicants to conduct research on one or more of the
following activities:
(1)The safe removal, separation, and recycling
of rare earth material from electronics.
(2)Technology, component, and material design
of electronics more suitable for disassembly and recycling of rare earth
material.
(3)Collection, logistics, and reverse supply
chain optimization as related to recycling rare earth materials from
electronics.
(d)The Secretary
shall issue requirements for applying for grants under the Initiative.